| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 339/02 |
| Hearing date | 18 Nov 2002 |
| Determination date | 22 November 2002 |
| Member | WRC Gardiner |
| Representation | D Taylor ; P Shaw |
| Location | Auckland |
| Parties | Stables v Vodafone New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Fax sent encouraging client to defraud respondent - Applicant denied sending fax - Alleged failure to inform that dismissal was possible consequence of disciplinary meeting - Alleged failure to provide actual offending fax to applicant - Obvious to applicant disciplinary investigation could result in dismissal - Investigation sufficiently thorough - Other suspects discounted - Failure to provide fax was not fatal to process - Details of allegations made sufficiently clear to applicant - Given effective opportunity to refute allegation - Dismissal procedurally fair and substantively justified |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Holley v Country Foods NZ Ltd unreported, Goddard CJ, 24 April 1996, WEC 20/96;Iceland Frozen Foods Ltd v Jones (1982) IRLR 439;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ etc Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82;Phipps v New Zealand Fishing Industry Board [1996] 1 ERNZ 195;The Warehouse Ltd v Cooper [2000] 2 ERNZ 351;Tupu v Romano's Pizzas (Wellington) Ltd [1995] 2 ERNZ 266;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 15 |
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