| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 45 |
| Hearing date | 13 and 14 Feb 2017 (2 days) |
| Determination date | 22 February 2017 |
| Member | A Fitzgibbon |
| Representation | M Aslam (in person) ; S Worthy |
| Location | Auckland |
| Parties | Aslam v Transportation Auckland Corporation Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Bus driver |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Video footage supported complainant’s version of events. Fair and reasonable employer could have made decision to dismiss for serious misconduct in circumstances. Process followed by respondent what fair and reasonable employer could have done. Procedure in collective employment agreement complied with. Any defects in process minor and did not result in applicant being treated unfairly. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(3) ; ERA s124 ; ERA s174 |
| Cases Cited | Chief Executive of UNITEC Institute of Technology v Henderson (2007) 4 NZELR 418 (EmpC) |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Auckland_45.pdf [pdf 270 KB] |