| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 398/04 |
| Hearing date | 28 Oct 2004 - 29 Oct 2004 (2 days) |
| Determination date | 06 December 2004 |
| Member | A Dumbleton |
| Representation | H White ; A Drake |
| Location | Auckland |
| Parties | Anaru v BOC Gases New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Dismissed for fighting and verbally abusing another man in workplace - Alleged acting in self-defence - Reasonable for respondent to conclude that applicant's physical actions amounted to serious misconduct - Involved questions of degree about relative size and strength of combatants, force used, duration of assault, deliberateness of it and failure to obey respondent's directions to stop assault - Investigation and dismissal carried out in procedurally fair manner - Summary dismissal option open to respondent - Dismissal justified - Charge hand |
| 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;Drummond v Coca-Cola Bottlers NZ Ltd [1995] 2 ERNZ 229 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |