| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 58 |
| Hearing date | 31 Mar 2015 |
| Determination date | 11 May 2015 |
| Member | H Doyle |
| Representation | N McSparron ; S Townsend |
| Location | Christchurch |
| Parties | Williams v Fletcher Construction Co Ltd for the Earthquake Recovery Project |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant accepted money from contractors to do outside work - Whether applicant’s alleged breach of employment agreement (“EA”) regarding acceptance of money constituted serious misconduct – Works Manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant should have known that conduct was improper even if not aware of clause in EA. Fair and reasonable employer could have concluded applicant committed serious misconduct as conduct was of the kind that could destroy trust and confidence. Respondent carried out full and fair investigation, raised concerns sufficiently with applicant, allowed applicant opportunity to comment and considered applicant’s explanation. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ;Chief Executive of Department of Inland Revenue v Buchanan (No 2) [2005] ERNZ 767 (CA) |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Christchurch_58.pdf [pdf 186 KB] |