| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 56/01 |
| Determination date | 25 May 2001 |
| Member | J Wilson |
| Representation | P Craighead ; R Harrison |
| Location | Auckland |
| Parties | Corbett v Urgent Couriers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Missed initial day of telephonist training - Warned that unless performance improved position jeopardised - Formal review specified poor performance and gave opportunity to raise concerns - Opportunity for on-going training - Observed applicant deliberately disconnecting customer calls while reading emails - Told of observations and required to attend meeting with support person - Allegations of misconduct put to applicant - No predetermination - Dismissal procedurally fair - Behaviour destructive of basic confidence and trust - Open to fair and reasonable employer to find serious misconduct - Telephonist |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Drummond v Coca-Cola Bottlers NZ [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |