| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 310 |
| Hearing date | 12 Jun 2013 |
| Determination date | 19 July 2013 |
| Member | R A Monaghan |
| Representation | V Basani (in person) ; P Muir, R Rendle |
| Parties | Basani v BP Oil New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent required keeping of quarterly health and safety checklists - Respondent discovered quarterly checklist missing – Applicant claimed intimidation responsible for failure to produce document when asked - Applicant produced document purporting to be missing checklist – Whether applicant falsified checklist - Respondent commenced investigation - Missing checklist found blank – Applicant claimed miscommunication over checklist’s whereabouts - Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Allegations sufficiently investigated. Concerns raised before action taken against applicant. Applicant given reasonable opportunity to respond. Applicant’s explanations considered. No intimidation. Respondent entitled to find applicant’s explanations lacked credibility. Applicant’s actions amounted to serious misconduct. Applicant’s conduct inconsistent with obligations and responsibilities as manager. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_310.pdf [pdf 213 KB] |