| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 54/02 |
| Hearing date | 25 Jun 2002 |
| Determination date | 28 June 2002 |
| Member | D Asher |
| Representation | T Wilton ; J Cain |
| Location | Wellington |
| Parties | Walker v Carter Holt Harvey Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Grabbed co-worker's shirt and threatened him in response to name-calling - Dismissed next day after witnesses and applicant interviewed - Union delegate present at all meetings with applicant - Manual defined serious misconduct to include physical and verbal violence to another person - Investigation not rushed but fair and reasonable - Co-worker received final warning - No disparate treatment - Decision to dismiss open to fair and reasonable employer - No unjustified dismissal - Machine operator |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | BP Oil NZ Ltd v NID Distribution Workers etc IUOW [1989] 3 NZILR 276 ; [1989] 3 NZLR 580;BP Oil NZ Ltd v Northern Distribution Union [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |