In a recent Employment Relations Authority decision the personal grievance for unjustified dismissal by a truck driver was rejected.  The employee had been taken on when the employer knew the employee was recovering from a cannabis addiction.

The employee requested time off to support a friend at Court, and this was granted, but the employee failed to tell his employer he was also appearing for cannabis cultivation.  The employer read about his conviction in the paper.

During the disciplinary investigation, when asked why he had not told his employer that he was also going to Court on a charge, the employee replied that he had, “…done it before and got away with it.”

The dismissal was upheld because of the dangers involved in truck driving combined with cannabis use, and also because the employer had lost the necessary trust and confidence in the employee because of his dishonesty when seeking time off.

The employee at the hearing denied saying that, “…he’d gotten away with it before,” but the employer had kept good notes of the meeting and these supported the employer’s memory of events.

Keeping good notes is essential in disciplinary investigations to help prove what admissions were made, as well as showing that the employer considered what the employee said (even if they don’t believe the explanation).

If you need help with how to handle a disciplinary investigation give me a call on (04) 473 6850.