| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 311 |
| Hearing date | 1 Jul 2013, 8 Jul 2013 |
| Determination date | 22 July 2013 |
| Member | R A Monaghan |
| Representation | R Hokianga (in person) ; A Bennett |
| Location | Rotorua;Wellington |
| Parties | Hokianga v Armourguard Security Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant sought to establish private training establishment – Applicant registered company – Applicant sent out letter offering security services to organisations – Letter received by respondent’s client – Respondent investigated letter – Security Officer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s letter an offer to provide services in competition with respondent. Reasonable to conclude conflict of interest. Respondent entitled to conclude applicant failed to disclose conflict. Respondent entitled to conclude no consent given to applicant. Applicant failed to accept respondent had valid concerns. Allegations sufficiently investigated. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_311.pdf [pdf 222 KB] |