| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 307/05 |
| Hearing date | 4 Aug 2005 |
| Determination date | 15 August 2005 |
| Member | D King |
| Representation | L Lipman ; S Wilson |
| Location | Auckland |
| Parties | Brambhatt v Fisher & Paykel Appliances Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant caught taking photos of equipment belonging to respondent with mobile phone - Equipment was unique technology potentially valuable to competitors - Informed breach of company policy and if did it again would be dismissed - Co-worker reported repeat incident - Applicant dismissed following disciplinary meeting - Opportunity to obtain representation and identify any useful witnesses declined by applicant - Respondent entitled to form preliminary view prior to meeting - Where two conflicting versions of events existed respondent entitled to decide which version to believe - Respondent had reasonable grounds to believe serious misconduct had occurred - Previous incident and no reason why co-worker who reported second incident would lie - Dismissal justified - Production technician |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Lincoln v Anchor Products Ltd [1999] 2 ERNZ 232 |
| Number of Pages | 4 |
| PDF File Link: | aa 307_05.pdf [pdf 21 KB] |