| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 163/03 |
| Hearing date | 28 Jan 2003 - 19 Feb 2003 (2 days) |
| Determination date | 03 June 2003 |
| Member | J Scott |
| Representation | S Mitchell ; M Corlett, A Sandberg |
| Location | Auckland |
| Parties | Carpenter v Northland Stevedoring Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged to have deliberately driven into back of company vehicle causing damage - Prior written warning relating to manager whose vehicle was subsequently damaged - Applicant not told that particular information formed basis for decision to dismiss - Applicant had seen the information during investigation - Frustrated attempts for further discussions - Treated information put to him in dismissive way - In circumstances failure to properly inform of basis for dismissal not fatal - Credibility - Applicant not credible witness - Mitigating factors considered prior to dismissal - Decision to dismiss open to fair and reasonable employer - No unjustified dismissal |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | BP Oil NZ Ltd v Northern Distribution Workers Union [1989] 3 NZILR 276 ; [1989] 3 NZLR 580;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 17 |
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