| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 151/10 |
| Hearing date | 23 Jul 2010 |
| Determination date | 26 July 2010 |
| Member | J Crichton |
| Representation | A Sharma ; G Malone |
| Location | Nelson |
| Parties | Browne v Talley's Group Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought interim reinstatement following dismissal for alleged drug use – Respondent resisted interim reinstatement – Respondent conducted drug search on fishing vessel applicant worked on – Drug dog took particular interest in applicant’s luggage and investigation conducted – Applicant admitted previous drug use but claimed now clean – Respondent alleged applicant lied about relationship with other employee also being investigated for drug use – Applicant suspended while matters investigated – Respondent alleged witnesses saw applicant using drugs – Applicant resigned – Authority found applicant had arguable case based on ultimatum offered, resign or be dismissed, and applicant suspended for four weeks without pay – Found lawyer not present at meeting where applicant decided to resign – Found balance of convenience favoured respondent – Found no explanation about allegations – Found inevitable respondent would prefer evidence of witnesses and drug dog – Found matters supported by fact other employee also being investigated for drug use listed as phone contact in applicant’s phone – Found damages appropriate remedy rather than impose interim reinstatement on unwilling employer – Found overall justice favoured respondent – Interim reinstatement refused – Factory hand |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s125 |
| Cases Cited | Cliff v Air New Zealand [2005] ERNZ 1 |
| Number of Pages | 5 |
| PDF File Link: | ca 151_10.pdf [pdf 22 KB] |