| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 152/10 |
| Hearing date | 3 May 2010 |
| Determination date | 28 July 2010 |
| Member | J Crichton |
| Representation | C Fisher ; L Brook |
| Location | Dunedin |
| Parties | Jones v Oceana Gold (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant passenger in vehicle which passed another vehicle in breach of respondent’s health and safety policies – Supervisor in other vehicle – Applicant told supervisor via radio telephone that was the driver – Respondent attempted to obtain information about who was driving applicant’s vehicle – Applicant proposed workers “sign up” to statement which did not identify driver – Respondent stood down all individuals in applicant’s vehicle as could not identify actual driver – Subsequently, actual driver of vehicle admitted was responsible – Respondent commenced disciplinary investigation against all individuals in applicant’s vehicle – Subsequently applicant dismissed for dishonest and misleading conduct, and instigating disobedience by co-workers – Respondent argued decision strongly influenced by safety critical environment context – Applicant claimed respondent’s response disproportionate and disparity of treatment – Authority found respondent properly adopted stringent safety standards to protect employees in dangerous working environment – Found rule existed regarding vehicle passing requirements – Found unreasonable for workers to knowingly breach rule when rule exists for their protection – Found applicant took responsibility for something not responsible for and misled respondent attempts to identify driver – Found applicant not acting in good faith when claimed was driver; deliberately confusing respondent’s investigation into health and safety breaches – Respondent’s evidence preferred that led co-workers into error – Found applicant compounded issue by taking more leadership role to ensure respondent did not find out identity of driver – Applicant’s disparate treatment argument rejected – Dismissal justified – Length of service 14 years - Dump Truck Operator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Health and Safety in Employment Act 1992 |
| Number of Pages | 6 |
| PDF File Link: | ca 152_10.pdf [pdf 25 KB] |