| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 186 |
| Hearing date | 5 Jun 2013 |
| Determination date | 05 September 2013 |
| Member | H Doyle |
| Representation | D Beck ; D France |
| Location | Christchurch |
| Parties | Howard v Carter Holt Harvey Packaging Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant punched employee in head after hit in eye by rubber band - Applicant claimed employee deliberately flicked rubber band - Applicant re-inducted about respondent’s policies regarding physical assault prior to incident - Whether question about remorse fairly put to applicant - Speciality Gluer Assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Fair and reasonable employer could conclude limited or no remorse expressed by applicant. Fair and reasonable employer could conclude applicant knew physical assault not acceptable. Respondent could conclude punch deliberate not reflexive as applicant took three steps to deliver punch. Respondent sufficiently investigated allegation applicant punched employee including issue of provocation. Reasonable for respondent to conclude applicant punching employee serious misconduct. Process used by respondent and decision to dismiss fair and reasonable. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(4);ERA s103A(5) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;De Bruin v Canterbury District Health Board (2012) 10 NZELR 93 |
| Number of Pages | 18 |
| PDF File Link: | 2013_NZERA_Christchurch_186.pdf [pdf 272 KB] |