| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 197/03 |
| Hearing date | 18 Jun 2003 |
| Determination date | 25 June 2003 |
| Member | K J Anderson |
| Representation | M Davis ; D Organ |
| Location | Auckland |
| Parties | Smallman v Moving Company (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Refusal to carry out lawful instruction - Failure to follow defendant's cash handling procedures - Both allegations admitted at disciplinary meeting - Cash handling failures occurred 2 months before meeting - Resurfaced after refusal to carry out lawful instruction - No notice that cash handling failures would be discussed at meeting - Fully aware that employment in jeopardy by refusing lawful request - No valid reason not to comply - Obstinate in refusal to comply - Ideally should have been invited to obtain support or representation - Ample time to organise representation during suspension - Dismissal open to fair and reasonable employer - Driver/packer |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 791 |
| Number of Pages | 4 |
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