| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 375 |
| Hearing date | 26-Nov-15 |
| Determination date | 01 December 2015 |
| Member | Robin Arthur |
| Representation | M Harrison ; J Goldstein |
| Location | Auckland |
| Parties | Ngawhika v Market Gardeners Ltd (t/a MG Marketing) |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed – Theft - Night shift supervisor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Reasonable for respondent to conclude in circumstances that applicant stole. Respondent conducted fair and reasonable investigation. Respondent followed fair procedure in dismissing applicant. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A;ERA s174B;ERA s174E |
| Cases Cited | Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd [1990] 3 NZLR 549 (CA);Honda NZ Ltd v New Zealand Boilermakers Union [1991] 1 NZLR 392 (CA);New Zealand (with exceptions) Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82 (LC);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA) |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Auckland_375.pdf [pdf 191 KB] |