| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 130/07 |
| Hearing date | 30 Apr 2007 |
| Determination date | 30 April 2007 |
| Member | J Scott |
| Representation | A McDonald ; P Tremewan |
| Location | Auckland |
| Parties | Murrie v Higher Ground Drug Rehabilitation Trust |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent provided recovery programme to assist residents maintain abstinence from alcohol and drug use - Drug free policy cornerstone of programme - Drug free criteria same for recovering staff - Applicant attended programme before being employed - Applicant informed respondent contemplated going on anti-depressants - Respondent suggested applicant take herbal remedy - Respondent later advised by another staff member that applicant on psychotropic medication - Applicant aware of requirement to abstain from mood or mind altering drugs" - Breach of Code of Ethics amounted to serious misconduct - Respondent recognised not situation where summary termination justified - Respondent set out process where applicant could achieve compliance over time - Applicant failed to address fundamental concern of respondent - Refused to take part in disciplinary proceedings - Given applicant's long association with respondent, absence of current contract which specifically spelt out breach and consequences not barrier to respondent’s decision - Applicant understood policy of abstinence both as client and employee - Applicant admitted serious misconduct - Given principle at stake, respondent had no choice but to terminate employment - No evidence to support claim of discrimination on grounds of disability - Applicant dismissed because in breach of contract and refused to take part in disciplinary proceedings - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Applicant not disadvantaged when not offered work above contracted hours - No contractual entitlement to additional hours - Counsellor" |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Cases Cited | Air New Zealand Limited v Hudson [2006] 1 ERNZ 415;Kimber v NZ Fire Service, unreported, 11 January 2001, AA 3/01 |
| Number of Pages | 12 |
| PDF File Link: | aa 130_07.pdf [pdf 56 KB] |