| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 191 |
| Hearing date | 22-May-17 |
| Determination date | 03 July 2017 |
| Member | V Campbell |
| Representation | R Samuels ; J Sharman |
| Location | Auckland |
| Parties | Sylva v Counties Power Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – COSTS – Respondent sought contribution to costs |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant requested client fund alcohol for private function where respondent had made it clear that function to be funded personally. Reasonable for respondent to conclude serious misconduct in circumstances. Respondent followed fair process in making decision to dismiss. Dismissal justified.;COSTS: One day investigation meeting. Appropriate to apply notional daily tariff. Applicant to pay respondent $4,500 contribution to costs. |
| Result | Application dismissed ; Costs in favour of respondent ($4,500) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(3) ; ERA s174E |
| Cases Cited | A Ltd v H [2016] NZCA 419, [2017] 2 NZLR 295;Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466 |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Auckland_191.pdf [pdf 188 KB] |