| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 44 |
| Hearing date | 1 Mar 2011 |
| Determination date | 16 March 2011 |
| Member | D Asher |
| Representation | I HArd ; G Spry |
| Location | Palmerston North |
| Parties | Johnston v Livestock Improvement Corporation Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant involved in car accident involving third party while driving respondent’s vehicle - Applicant summarily dismissed following investigation into incident - Parties disputed content of discussions about incident - Respondent claimed applicant gave different versions of events surrounding incident such that lied to respondent - Respondent claimed applicant had breached code of conduct by driving company vehicle when had been drinking beforehand - Applicant claimed denied consumed alcohol before driving and claimed only consumed alcohol after accident happened - Applicant claimed other party responsible for incident - Authority found was absence of independent evidence - Authority to determine what, on balance of probabilities, more likely to have happened - Found applicant had two final warnings relating to conduct after consuming alcohol - Respondent’s evidence preferred - Found no evidence of procedural unfairness by respondent in investigation into incident - Respondent’s actions those of fair and reasonable employer - Dismissal justified - Found in alternative if dismissal unjustified, Authority likely to find significant contributory conduct and that applicant had failed to mitigate loss therefore substantially reducing any possible remedies - Territory Area Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Cases Cited | Air New Zealand Ltd v V [2009] ERNZ 185 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Wellington_44.pdf [pdf 22 KB] |