| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 272/05 |
| Hearing date | 6 Jul 2005 |
| Determination date | 15 July 2005 |
| Member | D King |
| Representation | P Pa'u ; R Pope |
| Location | Auckland |
| Parties | Asaua v Chubb New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant's certificate of approval (necessary to work in security industry) due for renewal - Delayed renewing certificate - Had committed offence - Respondent became aware of offence when informed application for certificate of approval was being opposed by police - Applicant completed conditions of diversion agreement but did not tell respondent of this - Applicant resigned - Alleged respondent had obligation to consider whether to support his application for renewal of certificate and given that diversion had been granted, the application should have been supported - Applicant not honest with employer about arrest or subsequent events - Did not tell respondent about diversion so could not have taken that into consideration - Even if it had, applicant's failure to disclose would have probably resulted in decision not to support application - No unjustified dismissal - Even if was unjustified dismissal would not have been entitled to any remedies - Security guard |
| Result | Application dismissed ; Costs reserved |
| Statutes | Private Investigators and Security Guards Act 1974 |
| Number of Pages | 3 |
| PDF File Link: | aa 272_05.pdf [pdf 15 KB] |