Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 75/04
Hearing date 1 Jul 2004
Determination date 21 July 2004
Member D King
Representation J Shingleton ; J Goldstein
Location Christchurch
Parties McMillan v Southern Heating Fuels Ltd
Summary UNJUSTIFIED DISMISSAL - Applicant off work with back injury - During absence respondent found advertising letters for applicant's business with work phone number on them - Appeared to respondent applicant intended to carry out own business in work time without respondent's consent - Meeting with applicant - Given opportunity to address concerns - Employment terminated on basis of breach of trust and confidence - Termination within range of possibilities open to respondent - Dismissal justified
Result Application dismissed ; Costs reserved
Cases Cited W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448
Number of Pages 2
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