| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 430 |
| Hearing date | 15 - 16 Aug 2013 |
| Determination date | 23 September 2013 |
| Member | J Crichton |
| Representation | J Browne ; A Golightly |
| Location | Whangarei |
| Parties | L v M |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Applicant sent text messages to young female subordinate requesting company at applicant's house - Day off work offered if female staff member accepted applicant's offer - Possible sexual references made - Formal complaint made - Suspension without notification or consultation - Respondent claimed applicant aggressive - Senior manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE AND UNJUSTIFIED DISMISSAL - Authority ordered non publication of parties names - Respondent's evidence preferred. Respondent prevented from consulting with applicant due to applicant's demeanour and behaviour. Process defects minor. No unjustified disadvantage. Open to respondent to prefer evidence of complainant and to conclude applicant guilty of serious misconduct. Dismissal justified. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA Second Schedule cl10(1) |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_430.pdf [pdf 165 KB] |