| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 184/03 |
| Hearing date | 15 Oct 2002 - 4 Mar 2003 (2 days) |
| Determination date | 19 June 2003 |
| Member | Y S Oldfield |
| Representation | H Thorpe ; H Fulton |
| Location | Auckland |
| Parties | Maio v Effective Fencing Management Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged applicant intended to start own business and had discussion with fellow employee about joining him - Applicant withheld important information from respondent's managing director - Dismissal procedurally unfair - Applicant abused position of trust - Contributory conduct 75 percent - No award for lost remuneration for period after applicant decided to concentrate on developing own business - Claim relating to lease to respondent of vehicle which belonged to applicants business outside Authority's jurisdiction - Respondent's counterclaim outside Authority's jurisdiction - Leave granted to pursue holiday pay and commission claims - PENALTY - Evidence did not establish conduct by respondent sufficient to warrant penalty - Contracts manager |
| Result | Application granted ; Reimbursement of lost wages ($24,516.66 reduced to $6,129.16) ; Compensation for humiliation etc ($5,000 reduced to $1,250) ; Leave granted to pursue holiday pay and commission claims ; Orders accordingly ; Costs reserved |
| Statutes | ECA s40;ECA s41;ERA s124 |
| Cases Cited | Ark Aviation Ltd v Newton [2001] ERNZ 133 |
| Number of Pages | 11 |
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