| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 118 |
| Hearing date | 19 May 2011 |
| Determination date | 11 July 2011 |
| Member | G J Wood |
| Representation | S Jefferson ; A Twaddle |
| Location | Napier |
| Parties | Dickinson v Go-Bus Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – HEALTH AND SAFETY – Applicant claimed unjustifiably dismissed by respondent and respondent failed to provide safe working environment – Applicant claimed totally incompatible with colleague (“E”) and E made threats about gang connections – Authority found other witnesses considered comments about gang connections just exaggeration and not threat – E confronted applicant about stories relayed to other workers and said applicant was “so close to death it wasn’t funny” – Applicant complained to respondent and advised to keep away from E – E complained to respondent following incident where applicant waved finger around ear to indicate E crazy – Applicant directed to refrain from speaking to E unless necessary for operational reasons – Applicant and E involved in name calling and told if behaviour continued could result in disciplinary action – No action taken about second verbal altercation between E and applicant – E claimed assaulted by applicant in work van and complained to Police – Applicant suspended pending investigation into complaint – Respondent claimed investigation separate to Court process – Incident began with third verbal altercation between applicant and E and applicant punched E multiple times in head – Applicant claimed lack of support from respondent about issues with E and respondent had not provided safe working environment – Applicant dismissed – Applicant discharged without conviction in Court but Judge noted applicant guilty of charge faced – Found insufficient evidence to conclude respondent failed to provide applicant with safe working environment – Found E’s safety at greater risk – Found E also dismissed for involvement in incident – Found respondent did not ignore issues of concern to applicant – Found fair and reasonable employer would conclude applicant’s conduct was serious misconduct warranting dismissal – Found respondent conducted full and fair investigation – Found applicant basically admitted committing assault on E – Found although provoked, no element of self defence and therefore matter clearly one of serious misconduct – Dismissal justified – Bus Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_118.pdf [pdf 23 KB] |