| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 193/03 |
| Hearing date | 27 May 2003 |
| Determination date | 24 June 2003 |
| Member | D King |
| Representation | K Peterson ; L Brook |
| Location | Auckland |
| Parties | Leybourne v Eftpos Specialists (Auckland) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Breach of duty of fidelity - Alleged undertook work for own business without permission - Alleged took unauthorised leave - Failure to respond to allegations - Refused to attend disciplinary meeting due to absence of representative - Given further opportunity to respond in writing - Dismissal procedurally fair and substantively justified - BREACH OF CONTRACT - Counterclaim - Breach of fidelity - Used respondent's resources, premises and time to undertake work for own company - Actions contrary to employment agreement and representations made - Breach of contract established - Remedies - Parties directed to mediation to resolve quantum of damages - Leave reserved if no agreement reached - Manager |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Breach of contract) ; Parties directed to mediation ; Costs reserved |
| Statutes | Contractual Remedies Act 1979 s6(1)(a);ERA s161(1)(b) |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Auckland Chemical Paint etc IUOW v Healtheries of NZ Ltd [1990] 2 NZILR 701;Medic Corporation Ltd v Barrett [1992] 3 ERNZ 977;Northern Club, Auckland v Northern Hotel IUOW [1989] 1 NZILR 764 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |