| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 116 |
| Hearing date | 17 - 18 Apr 2015 |
| Determination date | 21 April 2015 |
| Member | E Robinson |
| Representation | P Barrowclough ; R Burt |
| Location | Auckland |
| Parties | Lawson v New Zealand Transport Agency |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide all relevant information in disciplinary investigation - Applicant claimed unjustifiably dismissed by respondent – Whether applicant brought respondent into disrepute during Disputes Tribunal hearing – Principal transport advisor |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant had given evidence at hearing that conflicted with job with the respondent. Applicant alleged respondent failed to provide some relevant information for disciplinary investigation in appropriate format. Respondent had provided information in appropriate format as required by law. No unjustified disadvantage. Open to respondent to conclude applicant had committed serious misconduct by providing misleading information or false during investigation and having inappropriate relationship with external shareholder amounting to conflict of interest for regulator. Respondent reasonably and fairly considered applicant had destroyed trust and confidence in him. Respondent carried out dismissal process in accordance with procedural fairness requirements. Dismissal justified |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1)(a);ERA s4(1)(b)(i);ERA s4(1)(b)(ii);ERA s4(1A)(b);ERA s4(1A)(c);ERA s103A;ERA s103A(3);ERA s174;Disputes Tribunal Rules 1989, R14;Disputes Tribunal Rules 1989, R15;Land Transport Act 1998 |
| Cases Cited | Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 (CA);Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174 (EmpC) |
| Number of Pages | 26 |
| PDF File Link: | 2015_NZERA_Auckland_116.pdf [pdf 262 KB] |