| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 65/03 |
| Hearing date | 10 Dec 2002 |
| Determination date | 12 March 2003 |
| Member | K J Anderson |
| Representation | M McFadden ; T McGinn |
| Location | Auckland |
| Parties | Turner v Circular Distributors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to follow lawful instruction - Memorandum issued stating early delivery of stock expressly prohibited - Delivered stock early resulting in threatened loss of client - Alleged not shown memorandum - Alleged qualified early delivery condoned by respondent - Conduct not condoned - Applicant retracted knowledge of memorandum - Credibility - Respondent's evidence preferred - Dismissal open to fair and reasonable employer in circumstances - BREACH OF CONTRACT - Counterclaim - Alleged applicant's actions resulted in financial loss to respondent - Applicant unaware actions would cause loss - Sufficiently punished by dismissal - Counterclaim inappropriate - Supervisor |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Medic Corporation Ltd v Barrett (No 2) [1992] 3 ERNZ 977 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |