Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 149/01
Determination date 04 October 2001
Member S Bathgate
Representation G Peploe ; General Manager
Location Auckland
Parties Bhatia v Absolute Air Conditioning & Refrigeration Ltd
Summary UNJUSTIFIED DISMISSAL - Poor performance - Serious misconduct - Alleged misrepresented experience and qualifications - Relied on representations in curriculum vitae - Sent on training courses - Large number of complaints from customers - Unsuccessful attempts to discuss performance - Credibility - Applicant failed to impress as truthful witness - Fabricated training certificate - Did not have qualifications or experience claimed - Breach of trust and confidence - Dismissal substantively justified - Dismissed without investigation - Conceded dismissal contained elements of procedural unfairness" - Refusal to remedy defects or help resolve issues - Contributory conduct 100 percent - Remedies reduced to nil - Refrigeration engineer"
Result Application dismissed ; Costs reserved
Statutes ERA s157;ERA s160
Number of Pages 4
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