A company was justified in firing a worker who assaulted a member of the public while in company uniform at an informal work function, the Employment Relations Authority has ruled.
Paia Taurarii was employed in January by Tyco New Zealand Limited as a trainee sprinkler fitter for Wormald
in Wellington.
In May he attended a work function at a local pub. Before the function a team meeting was held where it was made clear staff were required to behave well as they would be wearing work overalls and Wormald uniforms and would be representing the company at the function.
A police summary said Mr Taurarii was acting in a disorderly manner all night and when told to calm down by a guest at the function he assaulted the man, punching him in the head and knocking him unconscious.
Mr Taurarii was arrested and later convicted of common assault.
The company dismissed him, saying he had committed serious misconduct and brought the company into disrepute.
Mr Taurarii claimed he was unjustifiably dismissed and sought $13,000.
The authority ruled that serious misconduct was established.
"In these circumstances it was entirely reasonable for Tyco to conclude that the assault, taking place as it did at the conclusion of a work function, would bring it into disrepute, at least if it did not take strong action against Mr Taurarii," the authority said.
"People attending work functions are entitled to expect to be able to leave such functions safely."
The authority said the dismissal was fair.
- NZPA
