| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 16/07 |
| Hearing date | 19 Dec 2006 |
| Determination date | 15 February 2007 |
| Member | H Doyle |
| Representation | K Stringleman ; A Toohey |
| Location | Christchurch |
| Parties | Nelson v Meadow Mushrooms Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant worked at respondent 19 years - After heated discussion, co-worker (T") claimed applicant threw knife at him - Applicant apologised and claimed did not intentionally throw knife - Also claimed provoked because of supervisor's failure to deal with T, and his abusiveness and swearing - Applicant did not know where knife landed - Investigation found applicant threw knife in anger, and in breach of rules - Factual inconsistencies between accounts, including what applicant apologised for - Given full and proper opportunity to put forward not angry, and comment on witness accounts - Applicant's version of events essentially relied on and accepted where investigation found conflict whether she intended to throw knife at co-worker - Failure to provide conclusions did not render process unfair - Entitled to conclude applicant threw knife in anger, and actions not accidental - Applicant's explanation and diary entry of incident would have been different if knife "accidentally slipped" - Matters raised in unbiased and fair and reasonable manner - Applicant knew rules around handling of knives - Collective employment agreement ("CEA") stated could be no throwing of any object - Open to fair and reasonable employer to conclude serious misconduct in terms of CEA - In circumstances disparity of treatment between applicant and T irrelevant - No unfairness in almost immediate delivery of dismissal decision following final meeting - Against background of applicant's long service and good record, respondent felt actions gross breach of health and safety rules - Behaviour unacceptable for team leader, and damaged trust and confidence - Dismissal justified - Harvesting shed team leader" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] ERNZ 415;Fuiava v Air New Zealand Ltd [2006] 1 ERNZ 806;Honda NZ Ltd v NZ Boilermakers etc IUOW [1991] 1 NZLR 392;King v PPCS Richmond Ltd (formerly Richmond Ltd) unreported, Colgan J, 19 October 2005, AC 61/05 |
| Number of Pages | 10 |
| PDF File Link: | ca 16_07.pdf [pdf 72 KB] |