| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 444/09 |
| Hearing date | 10 Aug 2009 - 23 Sep 2009 (2 days) |
| Determination date | 10 December 2009 |
| Member | V Campbell |
| Representation | J Burney ; C Murphy |
| Location | Auckland |
| Parties | Crane v Century Drilling & Energy Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant summarily dismissed for failure to comply with respondent’s code of conduct when disregarded health and safety policies and procedures - Applicant instructed to unload containers off truck - Applicant found not all required equipment available to perform task - Applicant used cherry picker without using lanyard and went on top of container without being harnessed to anchor point or secured in any way - Respondent’s drilling manager (“H”) witnessed applicant’s actions and spoke to applicant - Applicant claimed H angry and would not listen to his explanations - Applicant attended disciplinary meeting later same day - Applicant dismissed - Authority satisfied applicant knew respondent’s health and safety policies and procedures and knew not allowed in cherry picker without lanyard if operating over 2.4m high - Authority found were other safety compliant options available - Authority satisfied applicant given opportunity to explain conduct - Found applicant had union representation and understood dismissal a possibility - Found applicant had opportunity to make submissions about outcome - Found respondent took into account applicant’s acknowledgment of wrongdoing, fact had no prior warnings and that attempted risk analysis before proceeding - Found respondent entitled to rely on H’s evidence and applicant’s admission and did not need to undertake full investigation and interview all witnesses - Found respondent’s actions those of fair and reasonable employer - Dismissal justified - Rig Worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;HSE s19 |
| Cases Cited | Air New Zealand v Hudson [2006] 1 ERNZ 415;Northern Distribution Union v BP Oil NZ Ltd [1990] 3 ERNZ 483;Toll New Zealand Consolidated Ltd v Rowe [2007] ERNZ 840;X v Auckland District Health Board [2007] 1 ERNZ 66 |
| Number of Pages | 7 |
| PDF File Link: | aa 444_09.pdf [pdf 35 KB] |