| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 272 |
| Hearing date | 12 & 13 July 2016 |
| Determination date | 11 August 2016 |
| Member | Eleanor Robinson |
| Representation | S Austin; S Eden |
| Location | Gisborne |
| Parties | Holo'ia v Bupa Care Services NZ Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed – Theft - Rehabilitation coach |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Order for non-publication of respondent’s clients. Employment agreement allowed for suspension on full pay while under investigation for misconduct. Applicant sufficiently informed of allegations to be able to consider suspension proposal and given feedback. Respondent took applicant’s views into consideration. No unjustified disadvantage. Respondent concluded after full and fair investigation that no longer had trust and confidence in employee. Fair and reasonable employer could have decided to dismiss. Dismissal justified. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103(1)(b);ERA s103A;ERA s103A(3);ERA s103A(5);ERA s124 |
| Cases Cited | Airline Stewards & 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);Ritchies Transport Holdings Ltd v Merennage [2015] NZEmpC 198;Ritchies Transport Holdings Ltd v Merennage [2016] NZCA 191;Tawhiwhirangi v Attorney-General [1993] 2 ERNZ 546 (EmpC) |
| Number of Pages | 27 |
| PDF File Link: | 2016_NZERA_Auckland_272.pdf [pdf 332 KB] |