| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 284/03 |
| Hearing date | 4 Aug 2003 |
| Determination date | 17 September 2003 |
| Member | R A Monaghan |
| Representation | J Graham ; T Cleary |
| Location | Auckland |
| Parties | Aisake v Colyer Mair Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Wilful disobedience - Whether refused to carry out reasonable instruction - Alleged previous incidents of conduct used to justify dismissal - Disobedience admitted - Claimed not part of job - Employment agreement allowed for applicant to undertake duties within capacity - Refusal rigid and unreasonable - Other examples of conduct not relied on for dismissal - Merely examples of relationship between parties - Dismissal justified |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Ashton v Shoreline Hotel [1994] 1 ERNZ 421;BP Oil NZ Ltd v NID Distribution Workers etc IUOW [1989] 3 NZILR 276;Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917 |
| Number of Pages | 7 |
| PDF File Link: | aa 284_03.pdf [pdf 33 KB] |