| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 3/04 |
| Hearing date | 15 Sep 2003 - 16 Sep 2003 (2 days) |
| Determination date | 19 January 2004 |
| Member | P Montgomery |
| Representation | B Dorking ; A Drake |
| Location | Christchurch |
| Parties | Owers v BOC Glass New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether dismissal justified - Alleged opened other staff's private and confidential mail - Alleged handled distribution of staff gift vouchers incorrectly - Investigation meeting - Employment terminated as dissatisfied with explanations given - Position of significant trust - Entitled to reach view mail incident serious breach of trust - Entitled to reach view of serious misconduct having regard to incompatible statements about vouchers - Dismissal procedurally and substantively justified - Senior manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Air New Zealand Ltd v Sutherland [1993] 2 ERNZ 10;Auckland City Council v Hennessey [1982] ACJ 699;Garden v Lovich Floor Decor Ltd unreported, Shaw J, 6 November 2000, AC 86/00;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 9 |
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