| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 120/02 |
| Hearing date | 11 Oct 2002 |
| Determination date | 22 November 2002 |
| Member | H Doyle |
| Representation | M Thomas ; R Chapman |
| Location | Christchurch |
| Parties | Smith v McCulloch & Partners |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged deleted important files - Alleged misled disciplinary investigation - Questioned about private work undertaken for respondent's client - Deleted files from computer - Provided explanation to investigation without divulging existence of files - Allegations put to applicant - Admitted destruction of files - Alleged initial investigation failed to provided minimum requirements of procedural fairness - Procedural irregularities rectified by further investigation and opportunity to respond - Conduct breached trust and confidence - Dismissal open to fair and reasonable employer in the circumstances - Non-publication order - Identity of client prohibited from publication |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |