| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 381 |
| Hearing date | 10 Jul 2013 |
| Determination date | 27 August 2013 |
| Member | R A Monaghan |
| Representation | S Founa ; J Turner, second respondent excused from appearing |
| Parties | McCartney v Atlas Concrete Ltd and Anor |
| Other Parties | First Union (formerly National Distribution Union) |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant allegedly threatened co-worker with physical violence – Applicant had previous warning for threatening language – Applicant had previously informed respondent co-workers drinking alcohol while on duty - Respondent claimed applicant’s behaviour volatile and posed risk to safety in workplace - Truck Driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent’s investigation not flawed due to failure to investigate claims co-workers had drunk while on duty. Such investigation not required for findings about credibility of co-worker’s allegation against applicant. Applicant made no statement that co-worker’s allegation fabricated and retaliatory during respondent’s investigation. Respondent entitled to prefer accounts of other employees and conclude applicant engaged in threatening behaviour. Respondent conducted fair investigation and finding of serious misconduct fair and reasonable. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s114 |
| Cases Cited | McCartney v Atlas Concrete Ltd and Anor [2013] NZERA Auckland 46 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_381.pdf [pdf 232 KB] |