| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 396 |
| Hearing date | 29-Oct-15 |
| Determination date | 16 December 2015 |
| Member | Rachel Larmer |
| Representation | B Quarrie ; J Rooney |
| Location | Whangarei |
| Parties | Wikaira v the Chief Executive of the Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Failure to disclose convictions - Corrections Officer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant aware that had been charged with criminal offence and so should have told respondent. Respondent entitled to view applicant’s actions as serious misconduct. Dismissal option reasonably open to respondent in circumstances. Respondent investigated properly, gave applicant all relevant information, allowed applicant opportunity to respond and genuinely considered applicant’s explanation. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(3)(a);ERA s103A(3)(b); ERA s103A(3)(c);ERA s103A(3)(d) |
| Cases Cited | Hallwright v Forsyth Barr Ltd [2013] NZEmpC 202, [2013] ERNZ 553 |
| Number of Pages | 18 |
| PDF File Link: | 2015_NZERA_Auckland_396.pdf [pdf 265 KB] |