| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 83 |
| Hearing date | 13 Dec 2016 - 14 Dec 2016 and 25 Jan 2017 (3 days) |
| Determination date | 29 August 2017 |
| Member | M Loftus |
| Representation | G Reeves ; J Gallagher |
| Location | Masterton |
| Parties | Edgar v Terra Lana Products Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Insulation Sales Representative |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant no longer accepted manager’s direction and leadership, behaved in a threatening manner and made false accusations and inappropriate approaches to clients. Reasonable for respondent to conclude applicant would not change behaviour, termination necessary to protect other staff and trust and confidence essential to the employment relationship destroyed. Respondent followed fair and reasonable process in deciding to dismiss. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s174C(3);ERA s174C(4) |
| Cases Cited | Angus v Ports of Auckland [2011] NZEmpC 160 |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Wellington_83.pdf [pdf 172 KB] |