Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 166/01
Hearing date 23 Oct 2001
Determination date 25 October 2001
Member D King
Representation GA Walsh ; K Stretton
Location Auckland
Parties Hollis v Mainland Products Limited
Summary UNJUSTIFIED DISMISSAL - Serious misconduct - Employed on temporary basis - Offer of employment contingent on resigning from other job - Failed to resign - Worked morning shift at respondent and afternoon shift at alternative employment - Health and safety - Suffered wrist pain - Failed to disclose both jobs on ACC form - Confirmed at meeting still in other employment - Not told of reason for meeting - Valid safety concerns regarding excessive hours - Increased risk of accident and/or OOS - Told employment was contingent on resigning other job - End of temporary work did not constitute resignation - Failed to discontinue other work - Termination procedure was not ideal - Overall fairness - Dismissal substantively and procedurally justified - Knife hand
Result Application dismissed ; Costs reserved
Number of Pages 3
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