| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 106/02 |
| Determination date | 03 April 2002 |
| Member | D King |
| Representation | L Foley ; A Wills |
| Location | Auckland |
| Parties | De Young v Pedersen Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summarily dismissed for possession of drugs at workplace - Tinfoil containing marijuana left in packet of tobacco - Claimed no marijuana left - No investigation - No opportunity to explain or have representative present - Failed to comply with minimum criteria constituting fairness - Failed to abide by own disciplinary policy - Procedural unfairness rendered dismissal unjustified - Contributory conduct 100 percent - Remedies reduced to nil - Yard hand |
| Result | Application granted ; Compensation for humiliation etc ($500 reduced to nil) ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 3 |
| PDF File Link: | aa 106_02.pdf [pdf 17 KB] |