ERA upholds employer's refusal to reinstate a trainee dismissed for intoxicated behaviour on a company trip
A trainee who twice attempted to urinate from a moving company vehicle while heavily intoxicated during a work training trip has been denied interim reinstatement by the Employment Relations Authority (ERA), which found his former employer's safety concerns remained unresolved.
The decision concerned an application by the trainee, who is identified as MHT under an interim non-publication order, against his former employer, a limited liability company operating in a safety-critical industry.
ERA Member Jeremy Lynch declined the trainee's application, finding that the balance of convenience and overall justice favoured the employer.
MHT commenced employment as a paid trainee in the Waikato region in May 2025, aged 18.
He later acknowledged to his employer that his relationship with alcohol had become increasingly problematic since turning 18, in part because he had more disposable income.
After losing his driver's licence due to excess breath alcohol, MHT sought rehabilitation support from his employer, which he said offered such assistance as part of its drug and alcohol policy.
In September 2025, MHT travelled with colleagues in a sign-written company vehicle to attend a week-long training course in Hawke's Bay.
The employer alleged that during the journey, MHT consumed alcohol to the point of significant intoxication and engaged in...
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