| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 154 |
| Hearing date | 26 Jul 2013 |
| Determination date | 05 August 2013 |
| Member | D Appleton |
| Representation | M Withers ; P Zwart |
| Location | Christchurch |
| Parties | Kennington v Canterbury Sailplanes Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Applicant part owner of respondent with wife and father-in-law – Applicant and wife separated – Applicant wished to purchase company – Applicant sought to defer director meetings until relationship property issues addressed – Meeting held in applicant’s absence – Father-in-law required financial information to prepare accounts - Applicant sought appointment of independent accountant – Applicant refused to provide financial information - Applicant dismissed – Whether other directors had legal capacity to effect termination - Managing director |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Dismissal of employee within scope of directors’ powers. Father-in-law had right to require applicant to provide financial information. Applicant refused to turn over information because of matrimonial dispute. Applicant failed to obey lawful and reasonable instruction. Applicant had no intention of co-operating with directors. Dismissal fair and reasonable. Applicant failed to explain refusal to provide information. Respondent could not have acted differently. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Companies Act 1993; - Companies Act 1993 s28; - Companies Act 1993 s128; - Companies Act 1993 third schedule; - ERA – ERA s4(1A)(b) - ERA s103A |
| Cases Cited | New Zealand Printing and Related Trades IUOW v Clark and Matheson Ltd [1984] ACJ 283 |
| Number of Pages | 15 |
| PDF File Link: | 2013_NZERA_Christchurch_154.pdf [pdf 261 KB] |