| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 99A/03 |
| Hearing date | 26 Jun 2003 - 2 Jul 2003 (3 days) |
| Determination date | 10 September 2003 |
| Member | A Dumbleton |
| Representation | P Wallace ; S Dalzell |
| Location | Auckland |
| Parties | Graham v Airways Corporation of New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Alleged failure to adequately complete training - Alleged critical mistake during training - Whether dismissal available for failure - Alleged training examination too long - Length of examination not too long - Respondent entitled to deem error as critical - No failure to provide further training - Training material provided adequate - Dismissal valid pursuant to collective agreement - Dismissal fair and reasonable in circumstances - UNJUSTIFIED DISADVANTAGE - Whether suspension procedurally fair - Applicant abruptly left meeting to discuss error - Failure to provide adequate consultation for suspension - Applicant's conduct pre-empted opportunity for consultation - Alternatively contributory conduct would have reduced remedies to nil - No unjustified disadvantage |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 14 |
| PDF File Link: | aa 99a_03.pdf [pdf 100 KB] |