| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 204/04 |
| Hearing date | 16 Jun 2004 |
| Determination date | 16 June 2004 |
| Member | L Robinson |
| Representation | G Wagg ; R Harrison |
| Location | Auckland |
| Parties | Porter v Spotless Services NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant denied any criminal convictions during interview process - Offer of employment conditional upon security clearance satisfactory to respondent - Security check revealed one previous conviction - Explanation offered in formal disciplinary meeting - Summarily dismissed - Respondent entitled to reject explanation and conclude applicant acted dishonestly in failing to disclose previous conviction - Dishonesty inevitably undermined trust and confidence - Respondent entitled to terminate employment without notice - Tuck shop assistant |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | BP Oil v Northern Distribution Union [1992] 3 ERNZ 483;Harawira v Presbyterian Support Service unreported, Goddard CJ, 11 November 1992, AEC 79/92;Secretary for Justice v New Zealand Public Service Assn (Inc) [1991] 1 ERNZ 188;Tai v Ian Robinson & Catherine Robinson T/A Coronation Lodge Rest Home unreported, Shaw J, 17 March 2004, WC 4/04;Wellington Road Transport Union of Workers v Fletcher Constructions Co Limited [1982] ACJ 663;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 5 |
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