| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 317/03 |
| Hearing date | 9 Sep 2003 |
| Determination date | 20 October 2003 |
| Member | R A Monaghan |
| Representation | A Wright ; M Gould |
| Location | Auckland |
| Parties | Nair v The Farmers Trading Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to advise respondent of suspension of driver's licence - Drove company vehicle during suspension - Held position requiring high degree of trust - Work rules stated irresponsible use of company car deemed misconduct - Should have informed respondent even if unaware of work rules - Full and fair investigation - No unjustified dismissal - ARREARS OF WAGES - Superannuation scheme wound up - Chose to receive 4 percent increase to salary - Appointed to several new positions with respondent - Whether superannuation payments made after changes in positions - No evidence 4 percent payment to be calculated as separate allowance in addition to salary - No arrears of wages - Store auditor |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | BP Oil NZ Ltd v Northern Distribution Workers Union [1989] 3 NZILR 276 ; [1989] 3 NZLR 580;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 6 |
| PDF File Link: | aa 317_03.pdf [pdf 34 KB] |