| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 89 |
| Hearing date | 5 Mar 2013 |
| Determination date | 15 May 2013 |
| Member | M B Loftus |
| Representation | J Tonner ; S Langton |
| Location | Christchurch |
| Parties | Hood v Connector Systems Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Failure to attend weekend conference due to child care obligations - Failure to prepare presentation - Whether applicant misused fuel card - Whether applicant made comments that could prejudice respondent - Whether applicant's actions combined amounted to serious misconduct - COUNTERCLAIM - PENALTY - BREACH OF CONTRACT - Respondent sought penalty for applicant's breach of restraint of trade provision - Respondent sought penalty and damages for applicant's misuse of fuel card - Business development manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Parties employment agreement granted respondent right to require applicant work weekends where necessary. Failure to prepare presentation confirmed applicant did not consider conference priority. Absence deliberate. Applicant misused fuel card and made prejudicial comments about respondent. All actions in contravention with employment agreement. Dismissal justified.;COUNTERCLAIM - PENALTY - BREACH OF CONTRACT: Residue of restraint de-minimus. Misuse of fuel card contributed to finding dismissal justified. Penalty not justified. No Penalty. No damages. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(3)(b) - ERA s103A(3)(c) - ERA s103A(3)(d) |
| Cases Cited | Gallagher Group Ltd v Walley [1999] 1 ERNZ 490 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Christchurch_89.pdf [pdf 186 KB] |