| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 1/10 |
| Hearing date | 19 Aug 2009 |
| Determination date | 07 January 2010 |
| Member | P Cheyne |
| Representation | M Crowe ; L Penno |
| Location | Christchurch |
| Parties | Crowe v Greenburn Dairy Farm Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed following altercation with staff members (“D” and “T”) – Applicant manager shared accommodation on farm property with husband and wife D and T – Fight occurred between applicant and D and T - Intervention by co-worker (“M”) brought altercation to end – M gave evidence that applicant and M drinking before altercation and applicant annoyed had to live with D and T – Applicant phoned respondent’s owners and stated living arrangements unacceptable – Applicant rang furniture removal truck to remove D and T’s property – Authority accepted T’s evidence that applicant irate, drunk and swearing – Found no dispute applicant punched D and pushed T – Respondent arranged meeting with applicant – Found applicant’s explanation overall that had enough, no place of own, and used and abused by respondent – Applicant dismissed for serious misconduct – Authority found neither applicant nor D and T performing work at time of altercation – However, clearly sufficient nexus with employment for altercation to be regarded as misconduct within employment – Found respondent’s actions that of reasonable employer in rejecting cramped accommodation as justification for violence – Found applicant’s actions not required for reasonable self defence – Authority rejected applicant’s argument that not given real opportunity to explain actions – Found no predetermination – Dismissal justified – Farm manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Smith v Christchurch Press Company Ltd [2000] 1 ERNZ 624;NZ (with exceptions) Food processing etc IUOW v Unilever [1990] 1 NZILR 35 |
| Number of Pages | 7 |
| PDF File Link: | ca 1_10.pdf [pdf 27 KB] |