| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 208A/06 |
| Hearing date | 24 Jul 2006 |
| Determination date | 06 September 2006 |
| Member | L Robinson |
| Representation | D Fleming ; P Swarbrick |
| Location | Auckland |
| Parties | Housham v Juken New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant involved in physical altercation with another employee - Admitted pushing other employee away and trying to defend himself - Code of conduct prohibited fighting even if provoked - Respondent satisfied applicant involved himself physically in situation rather than removing himself - Considered applicant equally culpable - Re-enactment caused manager to conclude unlikely applicant pushed other employee as claimed and code of conduct breached - Authority did not accept applicant acted in self defence - Position not advanced during disciplinary process and applicant claimed initially ignored other employee's behaviour - Although applicant critical of re-enactment no issue raised about it at time - Full and fair investigation - Applicant's length of service and previous unjustified disadvantage taken into account - Fair and reasonable employer would take into account limited job opportunities in region and applicant's utility to other employees as active union member - Dismissal justified - Length of service five years two months - Pallet maker |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson (2006) 3 NZELR 155;Housham & Anor v Juken New Zealand Ltd unreported, L Robinson, 6 September 2006, AA 283/06;Tamarua v Toll TranzLink Ltd [2006] 1 ERNZ 599 |
| Number of Pages | 7 |
| PDF File Link: | aa 208a_06.pdf [pdf 38 KB] |