| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 1/01 |
| Determination date | 03 January 2001 |
| Member | A Dumbleton |
| Representation | B Lyons ; M Hunt |
| Location | Auckland |
| Parties | Brand v Audio & Video Specialists |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Attempt to defraud employer - Purchase of tool for personal use - Admitted misconduct - Deliberate attempt to defraud - Open to employer to conclude that actions amounted to serious misconduct - Dismissal a reasonable option - No significant procedural flaws - In alternative conduct reduced remedies to nil - Penalty claim against employee dismissed - Leave reserved for respondent to pursue claim for compensation against employee - Failure to carry out work due for completion in remaining period of employment |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s134;ERA s157;ERA s174 |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |