| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 383 |
| Hearing date | 2 - 3 Dec 2015 (2 days) |
| Determination date | 07 December 2015 |
| Member | Eleanor Robinson |
| Representation | R Nabney ; L Schneider |
| Location | Tauranga |
| Parties | Campbell v Holistic Vets Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed – Disparity of treatment - Veterinary nurse |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant admitted she ordered prescription drugs for personal use but didn’t put purchase on personal account or pay for them. Respondent concluded fair investigation and conducted fair procedure. Other employee who had ordered prescription medicine had not done so herself, thought it was acceptable to do so and returned it once questioned and realised it wasn’t acceptable. No disparity of treatment. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(4)(e);ERA s103A;ERA s103A(3) |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466;Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA);Cooke v Tranz Rail Ltd [1996] 1 ERNZ 610 (EmpC);Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174 (EmpC);Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 (CA);Samu v Air New Zealand Ltd [1995] 1 ERNZ 636 (CA) |
| Number of Pages | 22 |
| PDF File Link: | 2015_NZERA_Auckland_383.pdf [pdf 310 KB] |