| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 30/05 |
| Hearing date | 28 Feb 2005 |
| Determination date | 02 March 2005 |
| Member | H Doyle |
| Representation | R Thompson ; T Oldfield |
| Location | Christchurch |
| Parties | Crawford v Recall New Zealand, a division of Brambles New Zealand Ltd |
| Summary | INTERIM REINSTATEMENT - Application for interim reinstatement – Applicant dismissed after testing positive for cannabis use – Positive test for cannabis in pre-employment medical examination – Suspended until second test – Told continued employment would depend on tests confirming was one off incident – Applicant agreed to 3 weekly tests and random testings – Further test negative and applicant returned to work – Next weekly test positive – Applicant alleged test incorrect - Applicant dismissed – Serious issues to be tried over whether process fair – Arguable issue as to whether disciplinary procedures in agreement followed and whether information about drug test deliberately withheld – Serious issue in respect of result of drug test relied on by respondent since applicant maintained result incorrect – In light of safety concerns following drug tests balance of convenience favoured respondent – Overall justice in favour of respondent – Application dismissed - Security service representative |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR 129 |
| Number of Pages | 5 |
| PDF File Link: | ca 30_05.pdf [pdf 32 KB] |