| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 49 |
| Hearing date | 13-Feb-18 |
| Determination date | 13 February 2018 |
| Member | R Arthur |
| Representation | A Emmanuel (in person) ; N Griffin |
| Location | Hamilton |
| Parties | Emmanuel v Waikato District Health Board |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Administrator |
| Abstract | UNJUSTIFIED DISMISSAL: Applicant not truthful about account of events and absence from work. Previous disciplinary measures taken where applicant misled respondent. Given applicants history of attendance issues a fair and reasonable employer in the circumstances was open to decide trust and confidence of the relationship no longer existed. Applicant did not have grounds to raise a personal grievance for unjustified dismissal. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s174A ; ERA s174E |
| Cases Cited | Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand [1990] 3 NZLR 549 (CA) ; Fagotti v Acme & Co Ltd [2015] NZEmpC 135 ; PBO Ltd V Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 8 |
| PDF File Link: | 2018_NZERA_Auckland_49.pdf [pdf 243 KB] |