Restrictions Includes non-publication order
Jurisdiction Employment Relations Authority - Wellington
Reference No [2017] NZERA Wellington 108
Hearing date 17-May-17
Determination date 30 October 2017
Member M Ryan
Representation G Bennett, P Swarbrick
Location Palmerston North
Parties Randle v The Warehouse Ltd
Summary UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Warehouse Team Leader
Abstract AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent followed procedurally fair process leading to dismissal. Respondent sufficiently investigated allegations against applicant. Respondent allowed applicant opportunity to respond. Inconsistencies in witness statements were minor. No evidence to support collusion between witnesses. Applicant’s actions could be fairly characterised as serious misconduct. Dismissal justified.
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Statutes ERA s103A;ERA s103A(3);ERA s174C(3)(b);ERA s174C(4)
Cases Cited Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd [1990] 3 NZLR 549 (CA)
Number of Pages 14
PDF File Link: 2017_NZERA_Wellington_108.pdf [pdf 309 KB]