| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 1/03 |
| Hearing date | 13 Dec 2002 |
| Determination date | 03 January 2003 |
| Member | D King |
| Representation | B Nabney ; L Turner |
| Location | Auckland |
| Parties | Potene v Toll Logistics (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed for committing unsafe act - Accident caused by applicant's failure to follow respondent's Standard Operating Procedures - Co-worker broke both legs - Final warning in relation to safety matters previously issued - Investigation procedurally fair - Dismissal procedurally fair and substantively justified - Crane operator/hatchman |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |