| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 126/04 |
| Hearing date | 9 Sep 2004 |
| Determination date | 16 September 2004 |
| Member | D Asher |
| Representation | S Ross ; J Rooney |
| Location | Palmerston North |
| Parties | Curry v Fonterra Co-Operative Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant attempted to facilitate sale and purchase of peak notes" - Sought commission payment from potential purchaser - Company policy to minimise intervention in such transactions to introduction of vendor and purchaser - Applicant dismissed after admission of wrongdoing - Actions unethical, and in breach of employment agreement and company policy - No defence that intentions not realised - Attempt sufficient to irreparably damage employment relationship - Full and fair investigation disclosed conduct capable of being regarded as serious misconduct - Dismissal substantively and procedurally justified - Field representative" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | W & H Newspapers Limited v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 10 |
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