| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 121 |
| Hearing date | 28 Aug 2013 |
| Determination date | 30 September 2013 |
| Member | T MacKinnon |
| Representation | P Hunt ; G Tayler |
| Location | Napier |
| Parties | Rawle v Scott & Ricketts Ltd t/a Mitre 10 Mega |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant applied for role with respondent – Application required disclosure of criminal convictions – Applicant disclosed conviction for “failing to obey officers requests” – Applicant unsuccessful but interviewed for and offered alternative position – Applicant authorised respondent to obtain criminal record from Ministry of Justice – Whether applicant failed to disclose conviction for wilful damage – Applicant dismissed without notice – GOOD FAITH – Applicant claimed respondent breached duty of good faith by failing to take written notes at employment interview |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant knew offer of employment subject to results of criminal record check. Sufficient space on application form for applicant to disclose conviction for wilful damage. Criminal convictions discussed in second interview. Respondent only made aware of one criminal conviction. Respondent conducted fair investigation. Applicant properly informed of rights. Applicant’s explanations considered. Respondent entitled to conclude applicant failed to disclose information about all convictions. Dismissal justified.;GOOD FAITH: Applicant not employee at time of interview. No duty of good faith owed. Failure to take notes not breach of duty of good faith. No breach of good faith. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(2);ERA s103A;ERA s103A(3) |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Wellington_121.pdf [pdf 182 KB] |