Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2017] NZERA Christchurch 217
Hearing date 27-Jul-17
Determination date 14 December 2017
Member A Dallas
Representation L Taylor QC, J King ; S Wilson, S Nand
Location Christchurch
Parties Wynn-Williams v Synlait Milk Ltd
Summary UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Trader and Distribution Manager
Abstract AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Procedurally fair investigation carried out by respondent into applicant’s conduct. Applicant in senior position which required high level of trust and confidence. Disciplinary action taken by respondent reasonable. Dismissal justified.
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Statutes ERA s103A;ERA s174E
Cases Cited Carlton United Breweries (New Zealand) v Bourke [1994] 2 ERNZ 1 (EmpC);Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA);Fagotti v Acme & Co Ltd [2015] NZEmpC 135;Kereopa v Go Bus Transport Ltd [2009] NZEmpC 74;Owers v BOC Gases New Zealand Ltd ERA Christchurch CA3/04;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808
Number of Pages 20
PDF File Link: 2017_NZERA_Christchurch_217.pdf [pdf 1.1 MB]