Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 102/03
Hearing date 10 Mar 2003
Determination date 15 April 2003
Member R A Monaghan
Representation W Claydon ; G Pollak
Location Auckland
Parties Claydon v Recreational Turf Services Ltd
Summary UNJUSTIFIED DISMISSAL - Misconduct - Whether procedurally fair - Whether apprentice or trainee - Alleged continual lateness - Informed of importance of prompt attendance during particular event - Failed to attend work on time - Informed that further failure could result in warning or dismissal - Applicant unable to be contacted for formal meeting - Attended work following day - Alleged applicant sought meeting immediately - Alleged failure to follow code of practice of Modern Apprenticeships Act 2000 - Credibility - Respondent's evidence preferred - Applicant aware disciplinary meeting could result in dismissal - Waived right to representative - Applicant was trainee not apprentice - Dismissal open to fair and reasonable employer in circumstances - Groundsman trainee
Result Application dismissed ; Costs Reserved
Number of Pages 5
PDF File Link: aa 102_03.pdf [pdf 28 KB]