| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 6/01 |
| Determination date | 30 January 2001 |
| Member | J Wilson |
| Representation | P Marshall ; J Rooney |
| Location | Auckland |
| Parties | Fisher v Fletcher Challenge Forests Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged in possession of and discharged firearm on work premises - Whether dismissal open to employer under company code of conduct - Alleged disparity of treatment and harsh decision -;Conducted preliminary investigations - Suspended on full pay while further investigations undertaken - Prior warning given of disciplinary meeting and allegations - Given opportunity to be represented - Due consideration given to comments - Full and thorough investigation - Reasonable explanation given for any disparity of treatment - Decision to dismiss open to fair and reasonable employer - Timber machinist |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s127(1);ERA s127(2) |
| Cases Cited | Drummond v Coca-Cola Bottlers NZ [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Northern Distribution Union v Lightning Transport Ltd [1991] 2 ERNZ 779;Read v Air New Zealand [1991] 3 ERNZ 139;Samu v Air New Zealand Ltd [1995] 1 ERNZ 636 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |