| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 497 |
| Hearing date | 15 Oct 2014 - 16 Oct 2014 (2 days) |
| Determination date | 04 December 2014 |
| Member | J Crichton |
| Representation | M Young ; R Harrison |
| Location | Auckland |
| Parties | A v B |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Criminal charges - Right to silence - Presumption of innocence - Workforce planner |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant failed absolutely to comply with agreement reached with respondent under which applicant agreed to make full disclosure. Applicant did not provide particular information required under agreement, including informing respondent of Court appearances or what happened at Court, prospect that applicant assist Police with inquiries, and fact that four new charges laid. Difficult to see why applicant needed to approve offer made by representative for respondent to view Police file when applicant in room at time offer made. Applicant misled respondent about actual position and minimised prospect of further charges being laid. Applicant required to be open and communicative with respondent and required to provide respondent with material facts about extent of charges as soon as information came into applicant's possession. Applicant withdrew from contact with respondent despite numerous attempts to engage with applicant. Respondent entitled to know allegations faced by applicant, when allegations to be dealt with and any change to allegations. Respondent not attempting to engage with applicant about explanation for allegations. Dismissal not predetermined. Applicant provided with information respondent received from third parties and applicant could have sought names of third parties. Acceptable for respondent to hire private investigator to try and get information applicant refused to provide. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Cases Cited | A v The Company [2014] NZERA Auckland 414;Wackrow v Fonterra Co-Operative Group Ltd [2004] 1 ERNZ 350 |
| Number of Pages | 18 |
| PDF File Link: | 2014_NZERA_Auckland_497.pdf [pdf 269 KB] |