| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 97/06 |
| Hearing date | 8 Dec 2005 |
| Determination date | 30 March 2006 |
| Member | K J Anderson |
| Representation | S Clews ; P Kiely |
| Location | Auckland |
| Parties | Black v Carter Holt Harvey Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed after failing to follow correct equipment safety procedures as defined in respondent’s policy – Investigation fair and properly conducted – Respondent entitled to reach view that applicant’s explanation not credible – Entitled to view actions as serious misconduct warranting dismissal – Applicant fully aware of safety policy and serious consequences of breach – No disparity of treatment – Dismissal justified – Length of service 30 years with nine month break mid-service – Pulp and paper mill worker |
| Result | Application dismissed ; Costs reserved |
| Statutes | Employment Relations Amendment Act (No 2) 2004 s103A |
| Cases Cited | BP Oil NZ Limited v Northern Distribution Union [1992] 3 ERNZ 483;W & H Newspapers Limited v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 5 |
| PDF File Link: | aa 97_06.pdf [pdf 27 KB] |