| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 166 |
| Hearing date | 9 Apr 2014 |
| Determination date | 02 May 2014 |
| Member | J Crichton |
| Representation | H White ; G Stone |
| Location | Auckland |
| Parties | Riley v Commit Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant threatened to 'knock' account manager's (H") 'block off' during meeting - Whether applicant spoke to friend ("L") at respondent's competitor after argument with H and revealed identity of respondent's client argument about - Whether disclosure of confidential information - Attempt to have letter of resignation considered - Project manager" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: In circumstances where not made clear that applicant to defer to H in respect of work for certain client, sending of e-mail by H to applicant unravelling arrangements made by applicant regarding contractor to be used asked for trouble. Applicant did not disclose to L identity of client involved in argument between applicant and H. No opportunity for applicant to address respondent's concerns and applicant summarily dismissed in heat of moment. Process so truncated as to be unfair and motivated by managing director's loss of self-control. Dismissal unjustified. REMEDIES: Applicant behaved disgracefully in meeting with H. Threat of physical violence to H causative of chain of events leading to applicant's dismissal. 100 per cent contributory conduct. |
| Result | Application granted ; Contributory conduct (100%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 17 |
| PDF File Link: | 2014_NZERA_Auckland_166.pdf [pdf 202 KB] |