Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 148/05
Hearing date 16 Jun 2005
Determination date 09 September 2005
Member P R Stapp
Representation JA Burney ; G Tayler
Location Napier
Parties White v Heinz Watties Ltd
Summary UNJUSTIFIED DISMISSAL - Serious misconduct - Caused accident, did not fill out incident report and abused fellow worker involved in accident - Earlier matter had been settled between parties but employer entitled to pursue enquiry over separate issue - Applicant gave inconsistent evidence to Authority - Sufficient evidence before respondent to conclude applicant had caused accident and abused co-worker - Open to respondent to conclude applicant's behaviour amounted to loss of trust and confidence and dismiss him - Dismissal justified - In any case, would not have received any remedies - Forklift driver
Result Application dismissed ; Costs reserved
Cases Cited W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448
Number of Pages 7
PDF File Link: wa 148_05.pdf [pdf 37 KB]