| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 260 |
| Hearing date | 16 Dec 2013 |
| Determination date | 19 December 2013 |
| Member | D Appleton |
| Representation | P Churchman QC, L Castle ; T Cleary |
| Parties | McLauchlan v Silver Fern Farms Ltd |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Applicant received final written warning for serious misconduct on saw and swearing at manager - Dangerous behaviour and possible health and safety risk - Applicant instructed to work in different department - Applicant dismissed following lateness and alleged abuse of quality inspector - Respondent claimed applicant failed to show remorse for conduct - Whether dismissal motivated by earlier misconduct on saw - Applicant willing to be reinstated as boner rather than sawman - Boner and sawman |
| Abstract | AUTHORITY FOUND -;INJUNCTION: Respondent should have confirmed incident with quality inspector as quality inspector claimed not abused by applicant. Inadequate investigation. Likely earlier conduct on saw key motivator for dismissal but conduct already dealt with by waning. Possibility applicant punished twice for same conduct. Strong arguable case applicant unjustifiably dismissed. Likely applicant could be accommodated back into workplace. Given applicant's dangerous conduct at saws no arguable case applicant should be reinstated as sawman. Reinstatement to former role as boner practicable. Applicant likely to face financial difficulties if interim reinstatement not granted. Overall justice of case favoured interim reinstatement. Interim reinstatement subject to conditions. Application for interim reinstatement granted. |
| Result | Application granted; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s3 - ERA s4 - ERA s4(1A)(a) - ERA s4(1A)(c) - ERA s103A(2) - ERA s103A(3) - ERA s103A(5) - ERA s115(b) - ERA s124 - ERA s124(b) - ERA s125 - ERA s127 - ERA s127(2) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Lewis v Howick College Board of Trustees [2010] NZCA 320;New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1994] 2 ERNZ 414;X v Y Ltd [1992] 1 ERNZ 863 |
| Number of Pages | 31 |
| PDF File Link: | 2013_NZERA_Christchurch_260.pdf [pdf 339 KB] |