| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 264/02 |
| Hearing date | 15 Jul 2002 |
| Determination date | 03 September 2002 |
| Member | K J Anderson |
| Representation | R Parmenter ; M Robbins |
| Location | Auckland |
| Parties | McNicholl v Crown Institute of Studies Ltd t/a Crown English |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged breach of duty of fidelity - Alleged attempted to establish competing business and encourage co-workers to breach contracts - Conduct was sufficient to destroy trust and confidence - Dismissal justified - Counter-claim - Sought repayment for over-payment of wages - Paid after dismissal - No power for Authority to make orders sought - Counter-claim dismissed - Student welfare manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | Contractual Mistakes Act 1977;Contractual Remedies Act 1979;Wages Protection Act 1983 |
| Cases Cited | Airline Stewards & Hostesses of New Zealand IUOW v Air New Zealand Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549 ; (1990) ERNZ Sel Cas 985;BP Oil NZ Ltd v Northern Distribution Union [1992] 3 ERNZ 483;TISCO Ltd v Communication and Energy Workers Union [1993] 2 ERNZ 779 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |