| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 191 |
| Hearing date | 13 May 2014 |
| Determination date | 15 May 2014 |
| Member | E Robinson |
| Representation | D Hayes ; S Meredith |
| Location | Tauranga |
| Parties | Peters v Bay Packers (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Unauthorised absenteeism - Applicant too intoxicated to drive or attend work - Whether applicant aware of responsibilities regarding attendance for work following recent staff meeting - Knifehand cutter / general hand |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Unauthorised absenteeism constituted serious misconduct offence under employment agreement. Fair and reasonable employer would have provided more time between notice of meeting and holding of meeting in order to allow applicant time to consider response and obtain representation. Applicant understood dismissal possible outcome. Applicant provided with full opportunity to provide explanation. Fair and reasonable employer would not have taken previous incident where applicant too intoxicated to attend work into account where previous incident took place some significant time earlier and did not result in disciplinary action. Fair and reasonable employer would have considered applicant's previous clear disciplinary record. Applicant showed remorse and acted responsibly rather than attending work in intoxicated state constituting health and safety risk. Dismissal unjustified. REMEDIES: 100 per cent contributory conduct. Respondent to pay applicant $8,528 reimbursement of lost wages. |
| Result | Application granted ; Contributory conduct (100%) ; Reimbursement of lost wages ($8,528) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s124;ERA s128(2) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Auckland_191.pdf [pdf 188 KB] |