| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 148/08 |
| Hearing date | 4 Nov 2008 |
| Determination date | 07 November 2008 |
| Member | D Asher |
| Representation | C Greenwood ; T Cleary |
| Location | Napier |
| Parties | Parker v Silver Fern Farms Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed as result of refusal to undertake drug test – When conducting search of employees’ vehicles in work car park, respondent found small quantity of marijuana in applicant’s car – Respondent also saw applicant swallowing item at time car being searched – Applicant denied ownership of drugs – Applicant left workplace without authorisation – Following day, applicant diagnosed as “medically unfit for work” – Applicant on paid leave for over one month – In letter to applicant, respondent set out “thoughts” that applicant be issued with final warning in relation to possession of drugs in workplace and that return to work conditional on undergoing reasonable cause drug test by way of urine sample – Respondent confirmed its position when parties met in person – Applicant refused to accept condition and was dismissed – Authority found as result of union membership and application of Employment Relations Act 2000 (“ERA”), respondent’s drug and alcohol policy (“policy”) was term of applicant’s employment – Policy provided that possession of illicit drugs on worksite and deliberate refusal to comply with employer’s safety standards normally warranted dismissal – Policy also provided that refusing to consent to reasonable cause drug test amounted to serious misconduct - Authority found respondent reasonably satisfied itself that applicant in possession of illegal drug on worksite – Found applicant breached contractual obligations by failing to undergo reasonable cause drug test – Respondent acted fairly and reasonably in making applicant’s return to work conditional on drug test – Authority did not accept applicant’s reasons for refusing drug test – No evidence that applicant singled out or of other issues of unfairness – Applicant only treated differently due to own conduct and responses – Applicant bound contractually and in good faith to co-operate with letter and spirit of policy – Dismissal was decision of fair and reasonable employer - Dismissal justified – Meat processing plant worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 7 |
| PDF File Link: | wa 148_08.pdf [pdf 25 KB] |