| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 252 |
| Hearing date | 17-Aug-17 |
| Determination date | 25 August 2017 |
| Member | E Robinson |
| Representation | J Goldsmith Snr ; S Kopu |
| Location | Auckland |
| Parties | Goldsmith v Counties Ready Mix Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Truck Driver |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL: Respondent followed fair and reasonable procedure. Explanation of misconduct provided by applicant was carefully considered by General Manager and Managing Director. No predetermination on part of respondent. Reasonable for respondent to consider applicant had breached Employment Agreement and its health and safety policy by putting himself and others at risk. Respondent did not instruct its employees to enter applicant’s house. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(3) ; Health and Safety at Work Act 2015 |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160 Chief Executive of Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174 (EmpC) |
| Number of Pages | 22 |
| PDF File Link: | 2017_NZERA_Auckland_252.pdf [pdf 391 KB] |