| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 84/05 |
| Hearing date | 17 May 2005 |
| Determination date | 08 June 2005 |
| Member | P Cheyne |
| Representation | M Moorhead ; C Stevenson |
| Location | Christchurch |
| Parties | Fallen v Sealord Group Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Plaintiff slipped and suffered bruised and cracked ribs after skipper refused to issue freezer boots - No substance to allegation that plaintiff made co-worker injure him with iron bar to force emergency removal from ship - Probable that plaintiff would have slipped regardless of type of boot worn - Distress suffered by plaintiff after incident was largely result of injuries suffered rather than non-supply of freezer boots - Section 317 Injury Prevention, Rehabilitation and Compensation Act 2001 prevented any award covering those injuries - Remaining distress due to personal relationship difficulties not related to personal grievance so not compensable - Decision to treat plaintiff on board rather than evacuate reasonable - No unjustified disadvantage - UNJUSTIFIED DISMISSAL - Serious misconduct - Plaintiff summarily dismissed for possessing and consuming alcohol on ship without consent after empty bottle of bourbon accidentally discovered in cabin by skipper - Reasonable to reject plaintiff's denial given individual occupancy of cabin and cleaning and inspection routines prior to and during sailing - Plaintiff aware of rules prohibiting drinking as previous warnings issued - Involvement of more senior manager in dismissal decision adequately answered plaintiff's concern about skipper's bias - No unjustified dismissal - Freezer-man |
| Result | Applications dismissed ; Costs reserved |
| Statutes | Injury Prevention, Rehabilitation and Compensation Act 2001 s317 |
| Cases Cited | Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1991] 1 NZLR 392;W & H Newspapers v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 6 |
| PDF File Link: | ca 84_05.pdf [pdf 37 KB] |