| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 126 |
| Hearing date | 10 Sep 2014 |
| Determination date | 15 December 2014 |
| Member | M Ryan |
| Representation | K O'Sullivan ; G Service |
| Location | Wellington |
| Parties | Callard v Wellington City Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Poor attendance record - Continued absences without prior notification - Non-negative alcohol test - Final written warning - Ongoing employment dependent on completion of alcohol counselling course - Failure to attend and complete alcohol counselling course - Whether failure to attend due to roster changes - Bus operator |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Respondent complied with minimum standards of procedural fairness. Applicant's conduct must be considered alongside circumstances relevant to parties. Respondent bus company with obligation to ensure safety. Applicant aware of required attendance at alcohol counselling. Respondent did not accept failure to attend due to roster changes. Loss of trust and confidence. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Wellington_126.pdf [pdf 283 KB] |