| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 166/07 |
| Hearing date | 20 Nov 2007 |
| Determination date | 12 December 2007 |
| Member | G J Wood |
| Representation | M Esera ; C Clark |
| Location | Wellington |
| Parties | Taurarii v Tyco New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant assaulted member of public outside informal work function at local tavern - Staff advised to behave well as in uniform and representing company - Police facts stated applicant intoxicated and acted in disorderly manner throughout night - Arrested after knocked out guest who asked him to calm down - Manager aware of incident and began investigation - Applicant admitted events but otherwise uncommunicative - Disciplinary process begun and applicant dismissed - Behaviour at informal work functions could be dealt with by employer under disciplinary procedures depending on circumstances - Assault connected to employment, even though applicant not immediately identifiable as employee of respondent - Dismissal justified - Sprinkler fitter |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Local Authority Officers IUW v Northcote Borough Council [1989] 2 NZILR 67;Auckland Rest Care Trust v Woods unreported, Travis J, 29 September 1998, AC75/98;Craigie v Air New Zealand Ltd [2006] 1 ERNZ 147;FINSEC v AMP [1992] 1 ERNZ 280;Murphy & Routhan v van Beek unreported, Goddard CJ, 3 June;1998, WC33/98 |
| Number of Pages | 8 |
| PDF File Link: | wa 166_07.pdf [pdf 34 KB] |