| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 41/10 |
| Hearing date | 26 Feb 2010 |
| Determination date | 01 March 2010 |
| Member | P Cheyne |
| Representation | J Bromley (Applicant in person) ; A Black |
| Location | Christchurch |
| Parties | Bromley v Geotech Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent’s mining contract up for renewal – Team member showed another contractor’s employees how to do megabolting – Applicant concerned would give other contractor advantage and place continued employment at risk – Scuffle between applicant and contractor – Applicant stood down while matter investigated – Respondent obtained statements of crew and provided these to applicant – Applicant invited to attend disciplinary meeting – Applicant dismissed – Applicant claimed witnesses should have been personally interview about incident instead of relying on statements – Authority found throughout process applicant knew faced allegation of serious misconduct and consequences included dismissal – Found no unfairness in gathering witness statements – Found applicant knew what statements said and had opportunity to respond – Applicant argued provoked into scuffle – Found applicant started and carried on physical assault – Found reasonable to dismiss applicant in circumstances – Dismissal justified – Secondary support crew |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | ca 41_10.pdf [pdf 24 KB] |