| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 260 |
| Hearing date | 14 Aug 2017 - 15 Aug 2017 (2 days) |
| Determination date | 31 August 2017 |
| Member | E Robinson |
| Representation | D Jacques ; M McGoldrick |
| Location | Auckland |
| Parties | Wilkinson v The Farmers Trading Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant had knowledge of rules and procedures which applied in respect of relevant transactions and what constituted serious misconduct. Respondent entitled to conclude breaches of rules constituted serious misconduct. Substantive justification for dismissal. Applicant notified of alleged misconduct and provided fair opportunity and adequate time to respond. No predetermination. No disparity of treatment. Dismissal procedurally fair. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(3) ; ERA s174 |
| Cases Cited | Chief Executive of Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174 (EmpC);Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA);Cooke v Tranz Rail Ltd (formerly New Zealand Rail Ltd) [1996] 1 ERNZ 610 (EmpC);Samu v Air New Zealand Ltd [1995] 1 ERNZ 636 (EmpC) |
| Number of Pages | 25 |
| PDF File Link: | 2017_NZERA_Auckland_260.pdf [pdf 358 KB] |