| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 20 |
| Hearing date | 3 Dec 2010 |
| Determination date | 02 February 2011 |
| Member | J Crichton |
| Representation | R Anderson ; P Shaw |
| Location | Christchurch |
| Parties | Rerekura v AW Fraser Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant attended private Christmas function organised by work colleagues and after consuming too much alcohol did not attend work that evening – Applicant marked as sick as company’s default position in absence of notification – Applicant initially claimed did not attend work because unwell but eventually told truth about absence – Applicant claimed ambushed about absence – Respondent claimed applicant showed no remorse for absence – Respondent claimed applicant understood importance of number of people working on shift – Respondent claimed applicant’s colleague given annual leave for shift so vital applicant attended work – Applicant claimed one day’s unauthorised absence not serious misconduct – Respondent claimed applicant breached drug and alcohol policy – Authority found applicant not under influence of alcohol at work so no breach – Found applicant intended to mislead respondent about absence – Found fact applicant went out drinking when should have been working went to root of trust and confidence between parties – Found applicant’s failure to appreciate significance of actions counted against applicant – Found respondent acted as fair and reasonable employer in dismissing applicant – Dismissal justified – Labourer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Christchurch_20.pdf [pdf 32 KB] |