A woman who was fired for having drugs in her car at work has had her claim for unfair dismissal rejected by the Employment Relations Authority.
Sharon Marfell claimed she was unfairly dismissed from Affco's Horotiu meatworks, 14km northwest of Hamilton, last June.
During a random drug search
of the plant and staff carpark, a dog and its handler found a metal tin with cannabis in it, and some empty plastic bags known to be used for carrying the drug methamphetamine in Ms Marfell's car. She was dismissed the next day at a disciplinary hearing.
At the time of the drug search, the dog handler said Ms Marfell told him the tin was hers and that it contained "just weed".
The dog handler said she told him: "Ah, I was wondering where that was."
Ms Marfell later said a friend borrowed her car and left the items in there.
The friend visited Ms Marfell's manager and said that she, and not Ms Marfell, was responsible for the drugs.
The authority accepted it was not unreasonable for the manager to decline to review the decision to dismiss Ms Marfell after the visit.
The manager's evidence was that Ms Marfell's friend was "off her trolley" and the explanation an unlikely one.
Ms Marfell said the company unfairly applied its zero-tolerance policy when it came to drugs and did not consider her explanation.
She sought lost wages, compensation and reinstatement of her employment with Affco.
The authority rejected Ms Marfell's application and ruled that she was fairly dismissed. It also said that the metal tin found in Ms Marfell's car, which she wanted back, would be given back in 29 days, if the ruling was not challenged.
- NZPA
