| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 160 |
| Hearing date | 26 Nov 2013 |
| Determination date | 17 December 2013 |
| Member | T MacKinnon |
| Representation | No attendance ; D Abraham |
| Location | Napier |
| Parties | Dean v The Surveying Companu H.B. Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct -Applicant claimed unjustifiably disadvantaged by unfair treatment, discrimination and duress in employment and unjustifiably dismissed by respondent - Applicant issued with warning after failing to improve performance - Respondent claimed applicant falsified timesheets - Applicant claimed mistakes due to respondent's behaviour making applicant uncomfortable, nervous and distracted - No appearance for applicant - General Office Administrator |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent followed fair process in investigating allegations against applicant. Respondent reasonably concluded lost trust and confidence in applicant over applicant's failure to input sick leave into respondent's computer system. Respondent's policy and parties employment agreement noted dismissal could result if timesheet falsified. No evidence to support discrimination and duress claims. No unjustified disadvantage. Dismissal justified. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Wellington_160.pdf [pdf 236 KB] |