| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 82 |
| Hearing date | 5 Nov 2014-6 Nov 2014 (2 days) |
| Determination date | 18 June 2015 |
| Member | M B Loftus |
| Representation | R Smith ; N Soper |
| Location | Dunedin |
| Parties | Ivamy v Oceana Gold (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by drug testing process and unjustifiably dismissed by respondent - Applicant allegedly undermined respondent’s attempts to execute drug test - Safe and healthy workplace - Miner |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant was adequately aware of drug testing policy. Applicant’s failure to provide sample within three hours was extremely unusual. Applicant’s subsequent diluted sample indicated excess consumption of water. Respondent entitled to conclude applicant engaged in conduct designed to undermine testing. Respondent provided applicant with an opportunity to respond. Nothing in policy stating when testing should occur. Applicant agreed to initial test outside work hours. Applicant’s offer to undertake future drug tests would not rectify past undermining of tests. Applicant’s test random and not for cause. No unjustified disadvantage. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA;ERA s103A;HSE |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Christchurch_82.pdf [pdf 169 KB] |