| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 179/03 |
| Hearing date | 10 Jun 2003 |
| Determination date | 17 June 2003 |
| Member | D King |
| Representation | J Down ; M Robbins |
| Location | Auckland |
| Parties | Kirkpatrick v Highways Systems Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant alleged supervisor abused him after applicant accidentally hit pallecon of roadmarking paint - Respondent investigated matter by interviewing witnesses - Found supervisor had not threatened applicant nor swore in manner alleged - During investigation concern uncovered regarding day when applicant did not turn up for work - Meeting arranged to discuss issue - Respondent raised possibility of applicant having been under influence of drugs - View formed that applicant not honest in account of dealings with supervisor or regarding day applicant did not turn up for work - Insufficient evidence regarding drug issue - Applicant dismissed on grounds of serious misconduct - Not necessary to have allowed applicant to interview staff who witnessed incident with supervisor - Procedurally fair - Dismissal justified |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Tasman Pulp & Paper Co Ltd v Hei Hei [2000] 1 ERNZ 306;Wellington Road [1983] ACJ 653 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |