| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 42/05 |
| Hearing date | 27 Jan 2005 |
| Determination date | 09 February 2005 |
| Member | A Dumbleton |
| Representation | D Fleming ; G Service |
| Location | Auckland |
| Parties | Oh v Bluebird Foods Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant brought friend onto respondent's premises without signing in as required and without reporting to security guard - Friend found by security guard at work wrapping plastic around pallets in area presenting hazards to health and safety - After investigation, applicant dismissed for serious misconduct - Applicant alleged had left friend in smoko room and was unaware he had began working - Open to respondent to reject applicant's denial about knowing friend was going to do some work - However, decision to dismiss not founded on that question alone - Also failures by way brought friend onto premises and subsequent failure to supervise his activities once there - Dismissal justified - Storeperson |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Hoyts Cinemas (NZ) Ltd (Hoyts Moorhouse) v Jacob [2002] 2 ERNZ 638;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 5 |
| PDF File Link: | aa 42_05.pdf [pdf 35 KB] |