| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 99 |
| Hearing date | 9 Mar 2017 - 10 Mar 2017 (2 days) |
| Determination date | 20 June 2017 |
| Member | P van Keulen |
| Representation | A Sharma ; E Coats |
| Location | Christchurch |
| Parties | Frater v Truck Stops (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant claimed unjustifiably dismissed by respondent - PENALTY - GOOD FAITH - Applicant sought penalty for respondent’s breach of good faith - Service manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent’s investigation was sufficient. Respondent provided relevant information to applicant, although some not entirely clear. Applicant had no issue with information provided to him. Applicant given sufficient time to address allegations. Respondent considered applicant’s response. Applicant given opportunity to respond to decision to dismissal. Applicant knew policies and expectations on him because two previous warnings. Dismissal justified.;PENALTY: Respondent did not breach good faith. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s4A ; ERA s103A ; s174C(3)(b) ; ERA s174C(4) |
| Cases Cited | New Zealand (with exceptions) Shop Employees and Related Trades IUOW v McKay's Food Centre Ltd [1983] ACJ 441 (AC);O'Connor v Ports of Auckland Ltd [2011] NZEmpC 165;White v Chief Executive of the Department of Corrections ERA Auckland AA243/09, 21 July 2009 |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Christchurch_99.pdf [pdf 237 KB] |