| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 42/07 |
| Hearing date | 1 Nov 2006 |
| Determination date | 12 April 2007 |
| Member | P Montgomery |
| Representation | T Wilton ; B Dorking |
| Location | Christchurch |
| Parties | Murphy v Steel & Tube New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant involved in altercation with co-worker - Applicant struck co-worker causing injury - Both suspended while matter investigated - Company policy manual provided for immediate dismissal without warning or notice for serious misconduct - Respondent undertook thorough and unhurried inquiry - Respondent entitled to prefer evidence of witness even though applicants explanation plausible - Striking another employee capable of constituting serious misconduct - Applicant's defensive reaction probable - Evidence strongly suggested push on applicant by other employee of insufficient force to justify applicant's excessive reaction even in self defence - Respondent consulted with union regarding possible remedies before coming to decision - Respondent considered issues and information and judged there had been fight - Decision maker had reason to make judgment in light of company policy - Dismissal justified |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | ca 42_07.pdf [pdf 55 KB] |