Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2017] NZERA Christchurch 203
Hearing date 23-Feb-17
Determination date 24 November 2017
Member A Dallas
Representation J Leggett, D Taylor ; K Dunn, I Townsend
Location Blenheim
Parties Hardy v General Distributors Ltd
Summary UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Supermarket Store Manager
Abstract AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent’s investigation into allegations against applicant procedurally fair. Respondent issued applicant fair and unequivocal warning that failure to comply with company policy and the law could result in disciplinary action. No disparity of treatment between applicant and another Countdown store manager. Dismissal justified.
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Statutes ERA s103A;ERA s103A(5);ERA s124;ERA s174C(4);ERA s174C(3)(b);ERA s174E
Cases Cited Butcher v OCS Ltd [2008] ERNZ 367 (EmpC);Chief Executive of Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Kereopa v Go Bus Transport Ltd (2009) 7 NZELR 4 (EmpC)
Number of Pages 16
PDF File Link: 2017_NZERA_Christchurch_203.pdf [pdf 278 KB]