Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 44/01
Determination date 18 July 2001
Member G J Wood
Representation G Dewar ; S Meikle
Location Wellington
Parties Ross v Provincial Freightlines Ltd
Summary UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Alleged failure to follow safety requirements, falsifying time sheets and refusal to follow a lawful and reasonable instruction to take breaks - Allegations fairly put to applicant - Plenty of opportunity given to comment on allegations - Disciplinary process was fair - No disparity of treatment - Decision open to fair and reasonable employer - Recommended to conduct audit of employment relations policies to ensure good faith towards workers - Oil tanker driver
Result Application dismissed ; Costs reserved
Cases Cited Airline Stewards & Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 (CA) ; [1990] 3 NZLR 549;Honda NZ Ltd v NZ (with exceptions ) Shipwrights Union [1990] 3 NZILR 23;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29
Number of Pages 12
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