| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 267/08 |
| Hearing date | 28 May 2008 |
| Determination date | 23 July 2008 |
| Member | A Dumbleton |
| Representation | G Lloyd ; G Steele |
| Location | Auckland |
| Parties | Te Rangi v Tachikawa Forest Products (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Machine applicant working on became blocked - Applicant climbed over handrails on elevated walkway to access blocked area, cleared blockage and climbed back over handrails onto walkway - Applicant’s actions of climbing back over handrail witnessed by two managers - Respondent’s disciplinary inquiry found applicant took shortcut by not using designated walkways exposing applicant to potential risk of fall of up to 4.9 metres, which was health and safety risk - Respondent found applicant failed to follow standard operating procedures - Applicant summarily dismissed - Authority found at investigation meeting, which took place nearly 18 months after dismissal, parties gave greater prominence to circumstances knew about at time of disciplinary inquiry but which had not made an issue of at that time - Authority noted relevant point in time for determining whether employer’s actions and how acted were what fair and reasonable employer would have done in all circumstances was at time dismissal occurred - Authority found respondent acted reasonably in rejecting applicant’s explanation for failure to use one alternative access route - Found reasonable for respondent to expect applicant to use another route which was safe if felt one route unsafe and not dispense with safety altogether - Found reasonable for respondent to reject applicant’s justification that delay might have occurred if had followed one procedure of obtaining key from supervisor to access alternative access route - Authority found respondent fairly and reasonably assessed applicant’s actions amounted to serious misconduct - Found summary dismissal available disciplinary outcome - Found respondent’s actions what fair and reasonable employer would have done in all circumstances at time dismissal occurred - Dismissal justified - Timber mill worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] ERNZ 415 |
| Number of Pages | 11 |
| PDF File Link: | aa 267_08.pdf [pdf 47 KB] |