| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 90/01 |
| Determination date | 24 July 2001 |
| Member | A Dumbleton |
| Representation | S Renwick ; A Fitzgibbon |
| Location | Auckland |
| Parties | George v Independent Liquor (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Timecard misused - Another employee was clocked in two consecutive days when in fact at home - Applicant clocked in within one minute of other employee both days - Previously warned for misuse of time-keeping system - On final warning for unauthorised absence from work - Whether respondent had reasonable grounds for believing there had been misconduct - Standard of proof less than proof beyond reasonable doubt but more than suspicion - Fair and thorough enquiry - Reasonable employer could have relied on information from investigation - Dismissal open to respondent - Forklift driver |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air New Zealand Ltd [1990] 3 NZILR 584;Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |