| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 309/03 |
| Hearing date | 23 May 2003 |
| Determination date | 15 October 2003 |
| Member | Y S Oldfield |
| Representation | A Hope ; R Harrison |
| Location | Auckland |
| Parties | Lui v Spotless Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether dismissal or constructive dismissal - Applicant gave written notice of resignation - Found with teabags concealed on trolley - Meetings day of incident to discuss issue - Not told of purpose of initial meeting - Applicant agreed took teabags but said picked them up off floor - Whether dismissed at afternoon meeting that day - Not dismissed at meeting - Further meeting with representative - Applicant resigned, giving retirement as reason, after options given by representative - Initiative for early retirement came from applicant's representative - Nothing to suggest representative acted without applicant's authority - No way for respondent to know applicant's consent based on misapprehension of entitlement to gratuity - Termination by mutual consent - No constructive dismissal - Some procedural flaws in initial meetings - Later meeting was fair and reasonable inquiry into misconduct - Cleaner |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Murphy and Routhan t/a Enzo's Pizza v van Beek [1998] 2 ERNZ 607 |
| Number of Pages | 6 |
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