| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 169/04 |
| Hearing date | 20 Feb 2004 |
| Determination date | 13 May 2004 |
| Member | J Scott |
| Representation | B Quarrie ; M Hammond |
| Location | Auckland |
| Parties | O'Shea v Cardax (International) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged refusal to obey lawful direction - Alleged use of company resources for personal use or gain - Applicant based in Bangkok - Respondent refused request to visit New Zealand on leave or for business at respondent's expense - Applicant charged visit to New Zealand on company credit card and took 3 days' leave - Credibility - Respondent's evidence preferred - Prior warning for breach of company policy - Only procedural deficiency was failure to invite applicant to obtain representation for disciplinary meeting - Failure did not cause applicant any disadvantage - Open to respondent to conclude conduct seriously impaired basic confidence and trust required of senior employee - Dismissal justified - Regional manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483;Peterson v Board of Trustees of Buller High School [2002] 1 ERNZ 139;W & H Newspapers v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |