| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 223 |
| Hearing date | 3-Jun-16 |
| Determination date | 04 July 2016 |
| Member | Vicki Campbell |
| Representation | R Teka (in person) ; M Walker (in person) |
| Location | Auckland |
| Parties | Teka v Walker |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Support worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Very personal employment relationship. Respondent lost trust and confidence in applicant to care for son due to aggressive behaviour. Respondent provided all relevant information in circumstances, provided applicant with full opportunity to comment and took response into consideration. Applicant not told that meeting could result in termination or given opportunity to seek advice, but in overall scheme of relationship, applicant not treated unfairly. Dismissal justified. |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5);ERA s174E |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Auckland_223.pdf [pdf 126 KB] |