| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 389/04 |
| Determination date | 30 November 2004 |
| Member | L Robinson |
| Representation | M Douglas ; J Gibbs |
| Location | Auckland |
| Parties | Douglas v Westpac Banking Corporation Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether lawful and reasonable instruction - Applicant instructed to complete enrolment form for diploma course - Applicant did not want to do course - Final warning then dismissed for failure to follow instruction - Dispute over what applicant's job involved - Applicant's role required degree of financial advice - Respondent expressly permitted to alter applicant's function, duties and responsibilities - Respondent had legitimate reasons for requiring staff to take course - Instruction permitted under employment agreement - Instruction lawful and reasonable - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Since found instruction lawful and reasonable no unjustified action - PENALTY - No position description - Declined to award penalty - Business relationships manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s65 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |