| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 367/05 |
| Hearing date | 7 Sep 2005 |
| Determination date | 27 September 2005 |
| Member | J Scott |
| Representation | S Talakai (in person) ; G Stone |
| Location | Auckland |
| Parties | Talakai v Amcor Flexibles Ltd (Australasia) |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Had been on restricted duties due to health issues - Applicant alleged had suffered work related accident - Reported this to ACC - Respondent surprised when received letter from ACC - Were not previously aware of alleged work related accident - Dismissed for either making false ACC claim or failing to report workplace accident in full of knowledge of company rules which required such reporting - Respondent carried out thorough and fair inquiry - Applicant not a credible witness - No predetermination - Entitled to arrive at view that applicant had either made false ACC claim or had failed to report workplace accident - Dismissal justified - Operator |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2001] 3 NZLR 29 ; [2000] 2 ERNZ 448 |
| Number of Pages | 8 |
| PDF File Link: | aa 367_05.pdf [pdf 45 KB] |