| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 9 |
| Hearing date | 3 Dec 2014 - 5 Dec 2014 |
| Determination date | 13 January 2015 |
| Member | E Robinson |
| Representation | S Fonua ; V Hodgson |
| Location | Auckland |
| Parties | Tuala v Linfox Logistics (N.Z.) Ltd |
| Summary | HEALTH AND SAFETY - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant failed to report workplace injury - Whether applicant falsified timesheets and logbooks - Truck driver |
| Abstract | AUTHORITY FOUND -;HEALTH AND SAFETY - UNJUSTIFIED DISMISSAL: Respondent undertook rigorous training of, and notification to, drivers to make drivers fully aware of legal requirements. Applicant breached respondent's policies and procedures knowingly. Applicant reminded of consequences of not adhering to respondent's policies and procedures by final written warning. Respondent had substantive justification for dismissing applicant. Respondent carried out fair investigation into whether applicant's actions common practice among other drivers. Applicant advised of allegations and given full opportunity to present explanations. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;HSE |
| Cases Cited | Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 17 |
| PDF File Link: | 2015_NZERA_Auckland_9.pdf [pdf 270 KB] |