| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 180/01 |
| Determination date | 07 November 2001 |
| Member | J Wilson |
| Representation | S MacBeth ; S Clews |
| Location | Auckland |
| Parties | Warner v Beacon Printing & Publishing Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Falsified own war service record - Gave false information to be used as introduction at ANZAC day commemorations - Also introduced as employee of respondent - Reinstated by agreement pending substantive hearing - Entitled to conclude that credibility as reporter fatally undermined - Conclusions based on inquiries carried out as fair and reasonable employer - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Warnings - Previous warnings given for alcohol, yelling and swearing - Final warning given for accepting bribes - Whether final warning justified - Investigation substantively fair and reasonable - Actions those of a fair and reasonable employer - Final warning justified - Requested sick leave while reinstated to position - Request declined without investigation - Required to take annual leave instead - Not appropriate to decline request without some form of inquiry - Disadvantage grievance made out - Annual leave entitlement to be restored - Application for sick leave to be granted retrospectively - Senior reporter |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Orders accordingly ; Costs reserved |
| Cases Cited | Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Read v Air New Zealand Ltd [1991] 3 ERNZ 139 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |