| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 110 |
| Hearing date | 1 Oct 2014 |
| Determination date | 30 October 2014 |
| Member | T MacKinnon |
| Representation | A McKenzie ; P Chemis |
| Location | Wellington |
| Parties | Thorne v Kiwirail Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Train collision with stop block at station – Positive drug test – Cannabis – Cannabis cigarette smoked 11 days before incident – ‘Zero tolerance’ policy – Safety sensitive position – Whether disparity of treatment – Locomotive engineer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant appraised of respondent’s concerns fully and had adequate opportunity to address concerns. Applicant aware of respondent’s ‘zero tolerance’ policy to drugs and alcohol. Respondent did not simply apply policy but genuinely considered rehabilitation and redeployment. Consultation with union occurred. Other employees treated more favourably than applicant but other employees’ cases predated current collective agreement and current drug and alcohol policies. Any departure from delegations process of minor and technical nature not resulting in unfairness to applicant. Dismissal one option available to respondent. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;ERA s103A(3);ERA s103A(5);ERA s125(2) |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Wellington_110.pdf [pdf 1.5 MB] |