Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 58/01
Determination date 31 August 2001
Member S Bathgate
Representation S Ross ; P Tremewan
Location Wellington
Parties Hitchcock v Greenvalley Services Ltd
Summary UNJUSTIFIED DISMISSAL - Whether dismissal procedurally and substantively unjustified - Commenced employment as casual employee - Obtained second job with another employer - Position with respondent changed to full time - Began working at local medical centre at same time - Failed to inform respondent of new job - New roster system implemented by respondent - Applicant required to work new hours - Called in sick while attending job at medical centre - Deception discovered - Suspended then dismissed for breach of trust and confidence - Sufficient reason to conclude loss of trust and confidence - Dismissal substantively justified - Initial disciplinary meeting not attended by decision maker - Failed to consider alternatives to dismissal - No appropriate alternatives - Applicant author of own misfortune - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Suspended pending investigation - Suspension appropriate where loss of trust and confidence - Registered nurse
Result Application dismissed ; Costs reserved
Number of Pages 5
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