| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 351/04 |
| Hearing date | 1 Oct 2004 |
| Determination date | 01 November 2004 |
| Member | A Dumbleton |
| Representation | K Spackman ; S Hood |
| Location | Auckland |
| Parties | Kirkwood v On Gas Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Reinstatement sought - Applicant arrived at work drunk - Potentially dangerous since worked with LPG fuel - Since beginning 2004 alcohol-free workplace" - Reasonable to believe applicant drunk - For applicant to substantiate claim of illness by providing additional information if he wished to - Other incidents involving alcohol - Earlier warning for being under influence of alcohol - Respondent said took no account of earlier drunkenness and warning - Dismissal referred to "serious and repeated misconduct over a period of time" - Some of applicant's history taken into account - Earlier alleged instances of similar misconduct involving alcohol not put to applicant or at least with reasonably sufficient detail to enable him to offer explanation - Inquiry and decision making flawed - Employer did not deliberately conceal some alleged misconduct but scope of misconduct for which applicant dismissed not matched by scope of inquiry he was told about - Dismissal unjustified - Remedies - Contributory conduct 80 percent - Reinstatement declined - LPG cylinder filler" |
| Result | Application granted ; Reimbursement of lost wages ($5,351.88 reduced to $1,070.38)(9 weeks) ; Compensation for humiliation etc ($6,000 reduced to $1,200) ; Reinstatement declined ; Costs reserved |
| Statutes | ERA s124;Privacy Act 1993 Privacy Principle 2 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |