Policy of zero tolerance towards violence fails to justify axing of timber mill worker

Anthony Housham was employed at Juken NZ Ltd's timber mill in Kaitaia as a fork hoist operator. On 22 April 2006 Mr Housham was involved in an altercation with another employee, a Mr Nathan. The dispute started when Mr Nathan threw gloves at Mr Housham and the employees began yelling at each other. A physical altercation ensued in which Mr Nathan struck Mr Housham and Mr Housham shoved Mr Nathan and held him down against a fork hoist. Mr Housham bled from the face and required medical attention. Juken investigated the incident. It concluded that Mr Housham was guilty of serious misconduct, and consistent with its policy of "zero tolerance towards violence", even in cases of retaliation, it terminated Mr Housham's employment.

In the Employment Court Judge Colgan stated that while a "zero tolerance policy" towards violence in the workplace was admirable, not all employees involved in physical altercations are at fault. He ruled that that Mr Housham was entitled to take reasonable steps to defend himself against assault and that he did so in this case. Judge Colgan also found Juken did not advise Mr Housham early enough that the company was considering terminating his employment and failed to put assumptions it made to Mr Housham for his comment. The Court accepted that Mr Housham suffered a high degree of humiliation given senior positions he held at the local marae and church. It awarded him distress damages of $20,000 and 9 months lost remuneration.