| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 384/03 |
| Hearing date | 16 June 2003 - 25 July 2003 (3 days) |
| Determination date | 23 December 2003 |
| Member | K J Anderson |
| Representation | S Scott ; J Forret |
| Location | Auckland |
| Parties | Nairn v Nexus Publications Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether dismissal predetermined - Whether substantively justified - Respondent produced student magazine - President of Waikato Students Union chairperson of board of directors - Applicant employed on fixed term contract by previous board - Student politics - Initially no cooperation from president - Applicant refused to work on production of magazine - Initial prejudice not part of dismissal process - Dismissal not predetermined - Breached employment agreement by not carrying out role - Dismissal justified - Argued president had no authority to dismiss - Even if president had no authority applicant's contribution would have reduced remedies to nil - Managing Editor |
| Result | Application dismissed ; Costs reserved |
| Statutes | Companies Act 1993 s158;ERA s4(1)(a);ERA s4(1)(b) |
| Cases Cited | Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd [1990] 3 NZLR 549;Drummond v Coca-Cola Bottlers NZ Ltd [1995] 2 ERNZ 229;Porter v The Board of Trustees of Westlake Girls' High School [1998] 1 ERNZ 377;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 12 |
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