| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 48 |
| Hearing date | 2 & 3 Feb 2016 (2 days) |
| Determination date | 18 February 2016 |
| Member | Eleanor Robinson |
| Representation | D Gelb ; SJ Davies |
| Location | Hamilton |
| Parties | Barlow v Waikato Sheds Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent - Salesperson |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Order for non-publication of confidential financial information of respondent. Applicant removed confidential information from meeting without permission and would have taken it outside office if not stopped. Respondent entitled to conclude that applicant’s actions deliberate and that serious misconduct occurred. Respondent raised concerns with applicant properly and allowed applicant opportunity to comment. No evidence of pre-determination. Decision to dismiss not based on applicant’s performance. Decision to stop salary “top-up” payments due to genuine commercial considerations, no to motivate applicant to resign. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA Second Schedule cl10(1) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466;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) |
| Number of Pages | 17 |
| PDF File Link: | 2016_NZERA_Auckland_48.pdf [pdf 238 KB] |