Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 132/02
Hearing date 12 Dec 2002 - 13 Dec 2002
Determination date 24 December 2002
Member H Doyle
Representation J Goldstein ; R Gibson
Location Christchurch
Parties Campbell & Ors v Chief Executive Officer, Canterbury Regional Council (Environment Canterbury)
Other Parties Smith, Kennard
Summary UNJUSTIFIED DISMISSAL - Serious misconduct - Whether dismissal open to fair and reasonable employer in the circumstances - Inappropriate use of EFTPOS facility - Used facility to withdraw money from personal credit cards - Action resulted in respondent incurring transaction fee - Alleged disparity of treatment - Other incidents of transaction irregularities did not result in dismissal - Alleged conduct had potential to bring respondent into disrepute - Disparity due to sufficiency of evidence - Disparity justified - Serious misconduct established - Authority not to substitute view of employer - Dismissal open to fair and reasonable employer in circumstances
Result Application dismissed ; Costs reserved
Cases Cited Northern Hotel etc IUOW v Waikato Hospital Board [1989] 3 NZILR 258;Samu v Air New Zealand Ltd [1995] 1 ERNZ 636
Number of Pages 7
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