| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 131/06 |
| Hearing date | 30 Jun 2006 |
| Determination date | 29 August 2006 |
| Member | H Doyle |
| Representation | G Lloyd ; L Turner |
| Location | Christchurch |
| Parties | Green v Goodman Fielder New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal for assaulting co-worker T" - Applicant placed on special leave for duration of investigation - Authority found no unfairness regarding special leave - During respondent's investigation, applicant claimed did not assault T - Respondent concluded as result of investigation provocation a factor and applicant hit T - After dismissed, applicant accepted did hit T but claimed self defence - Applicant aware code of conduct provided that "physical violence against any person" constituted serious misconduct - Provocation not accepted as excuse - Fact applicant dishonest during investigation not reason for dismissal - Authority found no reasonable possibility, suspicion, or danger of bias - Previous incident between applicant and T irrelevant to current investigation - Applicant claimed never asked by respondent to make formal complaint about T - Authority satisfied T's actions during incident investigated and considered as part of overall investigation into allegation against applicant - For purposes of investigation applicant had denied striking T, therefore respondent in those circumstances could not be expected to consider whether applicant acting in self defence - Reasonable for respondent to conclude from evidence that applicant hit T - Applicant's conduct what fair and reasonable employer would regard as serious misconduct - Dismissal justified - Length of service nine years - Qualified baker" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] 1 ERNZ 415;Samu v Air New Zealand Limited [1995] 1 ERNZ 636;Alofa v Aotea Centre Board of Management unreported, Travis J, 30 July 2001, AC 50/01 |
| Number of Pages | 8 |
| PDF File Link: | ca 131_06.pdf [pdf 33 KB] |