| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 19/01 |
| Determination date | 29 May 2001 |
| Member | N Taylor |
| Representation | KS Tifaga ; P Swarbrick |
| Location | Christchurch |
| Parties | Mouw v Farmers Trading Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Whether substantively and procedurally justified - Warnings given for failure to follow hire purchase transaction procedures - Complaints made for speaking in inappropriate manner - Verbally abused sales representative - Inquiry resulted in dismissal - Failed to interview witnesses prior to dismissal - No disadvantage caused to applicant - No predetermination - Minor procedural flaws did not render inquiry unfair - Employer acted on honest belief on reasonable grounds - Alleged discrimination for involvement with union - No evidence of discrimination, detriment, or disparity of treatment - Retail salesperson |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s104;ERA s107;ERA s119;ERA s157(1) |
| Cases Cited | Canterbury Clerical Workers IUOW v TS Dacre & Son [1987] NZILR 873 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |