| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 21/10 |
| Hearing date | 19 Nov 2009 |
| Determination date | 19 January 2010 |
| Member | D King |
| Representation | R Harrison ; N Dines |
| Location | Auckland |
| Parties | Yong v The O'Brien Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed after workplace accident resulting in amputation of finger – Respondent argued applicant breached health and safety rules constituting serious misconduct warranting summary dismissal – Respondent investigated accident and alleged applicant used saw in unsafe manner – Respondent alleged saw used without safeguard in breach of rules – Disciplinary meeting held – Respondent put allegation to applicant – Applicant explained saw used by someone else after applicant – Respondent investigated claim and concluded unsustainable as no one else in workplace after applicant, sawdust same as wood used by applicant, and blade and fence settings matched applicant’s job – Applicant dismissed – Authority found respondent entitled to set health and safety procedures – Found respondent reasonably concluded applicant failed to follow procedures – Found conduct constituted serious misconduct – Dismissal justified – Kitchen and bench top finisher |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Fuiava v Air New Zealand NZ Ltd [2006] 1 ERNZ 806 |
| Number of Pages | 7 |
| PDF File Link: | aa 21_10.pdf [pdf 33 KB] |