| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 141/05 |
| Hearing date | 19 Apr 2005 |
| Determination date | 20 April 2005 |
| Member | L Robinson |
| Representation | P Mills ; A Fitzgibbon |
| Location | Auckland |
| Parties | MacDonald v Q-Med (Sweden) Australia Pty Ltd |
| Summary | INTERIM REINSTATEMENT – Application for interim reinstatement – Dismissed for serious misconduct arising out of unauthorised use of respondent’s funds – Whether dismissal unjustified to be determined according to test of justification in section 103A ERA – Respondent alleged applicant used respondent’s credit cards for personal spending (to have salary credited against that spending) – Alleged applicant loaned himself $AUD269,897 without authorisation – Alleged unauthorised funds totalled $AUD411,291 – Arguable case – Balance of convenience in favour of respondent – Overall justice not in favour of applicant – Application declined - Certain documentation called for for investigation meeting - Business Development Director |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Statutes | ERA s103A;EAR s127 |
| Number of Pages | 6 |
| PDF File Link: | aa 141_05.pdf [pdf 52 KB] |