| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 115/03 |
| Hearing date | 24 Mar 2003 |
| Determination date | 24 April 2003 |
| Member | J Scott |
| Representation | M Herk ; H Thorpe |
| Location | Auckland |
| Parties | Vaughan v Professional Gymnasium Equipment Company (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for undertaking personal training while full time employee of respondent - No reasonable inquiry - Matter of whether allowed to conduct personal training was not clarified between parties - No breach of contract by applicant - Unjustified dismissal - No contributory conduct - Commercial sales representative |
| Result | Application granted ; Reimbursement of lost wages ($11,097.50)(11 weeks) ; Reimbursement of lost benefit ($2,500)(Car) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Peterson v Board of Trustees of Buller High School unreported, Goddard CJ, 6 March 2002, CC 7/02;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |