Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 190/04
Hearing date 30 Mar 2004
Determination date 01 June 2004
Member J Wilson
Representation C Bennett ; J Cain
Location Auckland
Parties Beasley v Vertex Pacific Ltd
Summary UNJUSTIFIED DISMISSAL - Serious misconduct - Managing director of respondent became aware that some confidential documents had been leaked - Investigation discovered employee that was source of leak and that emails from that employee had been sent to applicant with attached information - Applicant alleged saved emails to read later but had never done so - Alleged unaware of contents - Respondent concluded applicant did appreciate nature of documents but failed to bring to respondent's attention - Applicant dismissed - Within scope of fair and reasonable employer to find conduct constituted serious misconduct warranting dismissal - Respondent took into account all relevant circumstances of conduct and particular employment relationship - Dismissal justified - Sales and Marketing Manager
Result Application dismissed ; Costs reserved
Cases Cited W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448
Number of Pages 4
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