| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 224 |
| Hearing date | 5-Oct-17 |
| Determination date | 22 December 2017 |
| Member | C Hickey |
| Representation | R Morgan, K Whitten ; D Hudson |
| Location | Christchurch |
| Parties | Eaton v Airport Services (Dunedin) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – COSTS – Applicant sought contribution towards costs – Baggage Handler |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent could not retrospectively rely on any agreement with Air New Zealand to enhance its argument. Respondent’s drug testing Policy was to be interpreted strictly, but not to the extent that would justify dismissal. Respondent considered applicant committed serious misconduct prior to disciplinary meeting. Respondent did not undertake sufficient investigation leading to dismissal and did not apply drug policy fairly. Applicant in part dismissed because his involvement in union activities. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Respondent to pay applicant $6,180 reimbursement of lost wages. $20,000 compensation appropriate. COSTS: Half day investigation meeting. Respondent to pay applicant $2,250 contribution towards costs. |
| Result | Application granted ; Reimbursement of lost wages ($6,180.18) ; Compensation for humiliation etc ($20,000) ; Costs in favour of applicant ($2,250) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2)ERA s103A(3)ERA s124ERA s128(2) |
| Cases Cited | Archibald v Waikato District Health Board [2017] NZEmpC 132Go Bus transport Ltd v Hellyer [2016] NZEmpC 177Nathan v C3 Ltd [2015] ERNZ 61 (CA) |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Christchurch_224.pdf [pdf 153 KB] |