| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 282/05 |
| Hearing date | 25 May 2005 |
| Determination date | 26 July 2005 |
| Member | A Dumbleton |
| Representation | S Mitchell ; P Skelton |
| Location | Auckland |
| Parties | Shucksmith and Anor v Ports of Auckland Ltd |
| Other Parties | Rigby |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Summary dismissal – Applicants dismissed for drinking alcohol in hidden room inside building where they worked – Respondent had found a concealed room containing beds, bedding and some appliances – Set up video surveillance to see what happened in room – Saw applicants sleeping and drinking in room and other staff members sleeping in room – Applicants admitted serious misconduct but alleged dismissals lacked justification since were able to continue to work for four months before dismissed – Alleged delay so great as to make dismissal an unreasonable action – No waiver by employer of right to dismiss applicants by allowing applicants to continue working while investigation proceeded – Delay in dismissal adequately explained – Applicant’s representative had been told applicants would be dismissed – Applicants should not have retained any optimism about keeping jobs – Respondent required to conduct thorough investigation – Determined that in terms of s103A Employment Relations Act 2000, viewed objectively the actions of the respondent in reaching and implementing the decision to dismiss the applicants were what a fair and reasonable employer would have done in all the circumstances and at the time the dismissal occurred – Application dismissed |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | aa 282_05.pdf [pdf 35 KB] |