| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 449 |
| Hearing date | 11 Jun 2013 |
| Determination date | 01 October 2013 |
| Member | K J Anderson |
| Representation | T Alach ; D France |
| Location | Auckland |
| Parties | Otis v Bunnings Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant took colleague’s motorcycle for ride without wearing safety helmet – Applicant rode bike through trade centre – Applicant seen riding bike without helmet – Respondent considered applicant’s actions ‘very dangerous’ – Account manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent consistently emphasised importance of appropriate health and safety practices in workplace. Employment agreement provided ‘serious breaches of safety policy may result in dismissal’. No consent from colleague for applicant to ride bike in manner ridden by applicant. Applicant not authorised to drive vehicles in trade centre and drove motorcycle wrong way down aisle where forklifts operated at dangerous speeds. Respondent investigated incident fairly. Respondent entitled to treat applicant’s actions as serious misconduct. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3) |
| Cases Cited | W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_449.pdf [pdf 242 KB] |