| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 354/04 |
| Hearing date | 17 Aug 2004 |
| Determination date | 03 November 2004 |
| Member | M Urlich |
| Representation | M Fine ; M Osmond |
| Location | Auckland |
| Parties | Simmonds v Admirals Ltd t/a Admirals Car Court |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Former client of applicant asked applicant to sell car on his behalf - T" expressed interested in car while car on respondent's yard - Respondent's owner asked applicant to remove car from yard as no sale documentation - Applicant sold car privately to T via newspaper advertisement - Owner discovered sale and became angry - Applicant dismissed - Owner's agitated state meant he was unable to fairly and reasonably consider applicant's response to allegation - Dismissal hasty and high-handed - Dismissal unjustified - Remedies - Applicant used respondent's time and resources to facilitate sale to T - Applicant did not advise owner of business opportunity found in course of his work for respondent - Breach of obligation of fidelity - Contributory conduct 100% - Car salesman" |
| Result | Application granted ; Costs reserved |
| Cases Cited | McKay Electrical (Whangarei) Ltd v Hinton [1996] 1 ERNZ 501;Morris v Interchem Agencies Ltd [2003] 1 ERNZ 93;Westminster Chemical NZ Ltd v McKinley and Tasman Machinery and Services Ltd [1973] 1 NZLR 659 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |