Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 139/01
Determination date 21 September 2001
Member Y S Oldfield
Representation S King ; R Parmenter
Location Auckland
Parties Rota v Excell Corporation Ltd
Summary UNJUSTIFIED DISMISSAL - Serious misconduct - Warning issued in relation to timekeeping - Privilege of travelling to and from work in work vehicle withdrawn - No contractual right to use work vehicle - Later received warning for unauthorised use of work vehicle - Dismissed for unauthorised use of work vehicle one month after warning expired - Dismissal procedurally fair - Unauthorised use of vehicle constituted serious misconduct in respondent's disciplinary policy - Of no consequence that warning had expired - Applicant felt aggrieved at withdrawal of privilege but dismissal justified - Maintenance worker
Result Application dismissed ; Costs reserved
Number of Pages 4
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