Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2016] NZERA Christchurch 56
Hearing date 10-Dec-15
Determination date 02 May 2016
Member Michael Loftus
Representation P de Wattignar ; N Soper
Location Dunedin
Parties Hollis v Oceana Gold (new Zealand) Ltd
Summary UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Drug testing – Mine excavator
Abstract AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant failed to undergo drug test when requested. Applicant did not assert medical reasons for not being able to do test. Respondent therefore did fail to consider applicant’s explanation of medical reasons because none was provided. Dismissal justified.
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Statutes ERA s103A
Cases Cited Ivamy v Ocean Gold (New Zealand) Ltd [2015] NZERA Christchurch 82
Number of Pages 7
PDF File Link: 2016_NZERA_Christchurch_56.pdf [pdf 162 KB]