| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 73 |
| Hearing date | 29 Sep 2011 |
| Determination date | 28 February 2012 |
| Member | R Arthur |
| Representation | K Single ; T Cleary |
| Location | Auckland |
| Parties | Koria v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed and disadvantaged by respondent – Respondent international operations shift manager (“T”) investigated ticketing irregularities – T claimed applicant had not followed proper procedure in respect of three transactions in which passengers were relatives of applicant – T concluded applicant’s conduct amounted to serious misconduct – Applicant dismissed – Applicant claimed disciplinary process took excessive amount of time and should have been suspended on pay – Applicant claimed respondent failed to consider alternatives to dismissal – Authority found finding of serious misconduct open to fair and reasonable employer – Found applicant aware of respondent’s guidelines on ticketing procedure – Found applicant either careless of obligations under guidelines or knew was acting improperly – Found applicant could have avoided perception of having acted with conflict of interest by having referred decisions to manager – Found nothing to suggest respondent acted improperly by keeping applicant at work while investigation ongoing – Found respondent’s treatment of applicant fair and reasonable – Found T weighed option of dismissal against less severe alternatives – Dismissal justified – No disadvantage – Team Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s174 |
| Cases Cited | Auckland Provincial District Local Authorities Officers IUW v Northland Area Health Board [1991] 2 ERNZ 215;BP Oil New Zealand Ltd v Northern Distribution Union [1992] 3 ERNZ 483;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Safe Air Ltd v Walker (2009) 6 NZELR 761;Wellington Road Transport IUOW v Fletcher Construction Co Ltd (1983) ERNZ Sel Cas 59 |
| Number of Pages | 11 |
| PDF File Link: | 2012_NZERA_Auckland_73.pdf [pdf 50 KB] |