| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 1 |
| Hearing date | 3 Nov 2010 |
| Determination date | 10 January 2011 |
| Member | P Cheyne |
| Representation | I Miller ; N Ironside |
| Location | Nelson |
| Parties | Costley v Waimea Nurseries Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent for allegedly using illegal drugs during work hours – Respondent claimed manager believed applicant and colleague (“A”) used drugs during lunch time – A admitted allegation – Disciplinary meeting held to discuss allegations – Applicant informed of allegation but respondent declined to identify informers – Applicant ordered to undertake drug test and informed respondent expected negative result – Applicant deployed on other work pending test results – Test produced unconfirmed positive result and applicant suspended pending confirmed results – Positive result confirmed and further disciplinary meeting held – Applicant claimed used drugs at home not at work and willing to continue suspension until second test – Applicant dismissed – Authority rejected applicant’s claim agreed could have two months to produce clear drug test – Found applicant produced positive test result so second test not required – Found no justification for respondent not providing information about informers – Dismissal unjustified – REMEDIES – Contributory conduct 100 percent – Found applicant not entitled to remedies because of significant level of contribution to situation – Found clear contractual requirement applicant not to work while under influence of drugs – Found applicant and others exposed to significant risk due to drug use given work environment |
| Result | Application granted ; Contributory conduct (100%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c) |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Christchurch_1.pdf [pdf 31 KB] |