| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 308 |
| Hearing date | 1 Aug 2017 - 2 Aug 2017 & 28 August 2017 (3 days) |
| Determination date | 05 October 2017 |
| Member | A Fitzgibbon |
| Representation | J Crocker ; J Foden |
| Location | Auckland |
| Parties | Prakash v Wendco (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Shift Supervisor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant provided unreliable evidence. Applicant’s action of giving food to a customer without payment amounted to serious misconduct which deeply impaired the basic confidence and trust of employment relationship. Applicant gave unreliable evidence during disciplinary process. Respondent investigated the matter fully and fairly. Fair and reasonable employer could have reached decision to dismiss. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s174E |
| Cases Cited | Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 (CA) |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Auckland_308.pdf [pdf 260 KB] |