| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 185 |
| Hearing date | 6-7 Nov 2014 |
| Determination date | 20 November 2014 |
| Member | D Appleton |
| Representation | L Acland; D Erickson |
| Location | Nelson |
| Parties | Rimmer v Carter Holt Harvey Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Health and Safety - Isolation testing process changed - Applicant used old process - Could have resulted in serious injury - Whether respondent should have investigated alleged culture of skipping new testing process - Alleged disparity of treatment - Grader |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Applicant aware, or ought to be fully aware, testing process changed. Respondent did not receive indication of alleged culture. Training and assessment information not provided to applicant. Procedural defect not minor but did not result in unfairness to applicant. No disparity of treatment as other incidents not deliberate failure to follow correct process. Respondent entitled to reach conclusion that applicant committed act of disobedience or negligence which affected safety. Respondent's assessment of risk accurate. Actions of respondent fair and reasonable. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s4(1A)(c);ERA s103A;ERA s103A(2);ERA s103A(5) |
| Cases Cited | Kaipara v Carter Holt Harvey Ltd [2012] NZEmpC 40 |
| Number of Pages | 25 |
| PDF File Link: | 2014_NZERA_Christchurch_185.pdf [pdf 314 KB] |