| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 45/05 |
| Hearing date | 18 Jan 2005 |
| Determination date | 05 April 2005 |
| Member | J Crichton |
| Representation | M Hanifin ; J Watson |
| Location | Christchurch |
| Parties | Jefferys v Works Infrastructure Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Allegation applicant had been smoking marijuana on work site - Required to undergo drug test - Consent to drug test not sought - Suspended from work with no opportunity to comment on suspension - No details of allegation given when requested and no opportunity to respond - No prior notice of purpose of meeting or opportunity to be represented - At subsequent meeting told drug test positive - Told could be required to participate in respondent's health improvement programme or be liable to dismissal - Authority accepted applicant had reasonable apprehension his job was in jeopardy if he did not participate in programme - Respondent's drug policy potentially breached normal employment rights - Respondent alleged had obtained agreement with unions to abrogate normal rules - Difficult to see how could be agreement which varied normal rules of law - Process used to obtain consent to participate in programme constituted unjustified disadvantage - UNJUSTIFIED DISMISSAL - Prior final written warning - Heated discussion when respondent refused to provide details of drug taking allegation - Authority accepted applicant told respondent he intended to seek legal advice - Applicant subsequently left voicemail message that his advocate advised him not to return to work until following day - Summarily dismissed after disciplinary meeting for taking leave without permission or authorisation - Applicant's conduct could not constitute serious misconduct whether or not final warning in place - Summary dismissal unjustified - Remedies - Contributory conduct 40% - General hand |
| Result | Application granted ; Reimbursement of lost wages (5,086.26)(3 months) ; Compensation for humiliation etc ($5,000 reduced to $3,000) ; Costs reserved |
| Number of Pages | 8 |
| PDF File Link: | ca 45_05.pdf [pdf 38 KB] |