| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 128/02 |
| Hearing date | 21 Feb 2002 - 4 Apr 2002 (2 days) |
| Determination date | 02 May 2002 |
| Member | A Dumbleton |
| Representation | P Pa'u ; R Towns |
| Location | Auckland |
| Parties | Finai and Anor v TTL Pacific Ltd |
| Other Parties | Pusaloa |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged applicants smoked marijuana during work hours - One applicant absent from workplace without authorisation - Whether admissions of guilt - Credibility - No reason for respondent's witnesses to construct evidence - Respondent's evidence preferred - Minimum standards of procedural fairness considered in reference to admissions - Warned of potential for dismissal - Opportunity to explain - Reasonable grounds for believing allegations substantiated - No obligation to consult on penalty - Whether conduct amounted to serious misconduct - Rule against marijuana necessary for safe workplace - Reasonably viewed as serious misconduct regardless of safety considerations - Dismissals justified - Plant workers |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Big Save Furniture Ltd v Bridge [1994] 2 ERNZ 507;Drummond v Coca-Cola Bottlers NZ [1995] 2 ERNZ 229;Jones v Wiremakers Ltd [1998] 3 ERNZ 711;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 7 |
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