| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 464/05 |
| Hearing date | 5 Sep 2005 - 19 Sep 2005 (2 days) |
| Determination date | 05 December 2005 |
| Member | M Urlich |
| Representation | Z Ali ; S Langton |
| Location | Auckland |
| Parties | Ali v General Distributors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Allegations of serious misconduct related to representations applicant made during review hearing of claim for ACC compensation for injuries allegedly suffered in workplace and representations made on his employment application form - Fair opportunity to respond to allegations - Open for respondent to conclude that applicant knew he made an ACC claim for hernia injury four months before second ACC claim was lodged in September, that he denied he made earlier claim to improve his chances of success at review hearing, and that this amounted to serious misconduct - Also open to respondent to conclude that applicant had deliberately failed to disclose his recent injuries on position application form and that such action amounted to serious misconduct - Earlier incident where false declaration on applicant's application form revealed - Applicant's letter of apology demonstrated he clearly understood that making false statements was unacceptable and could affect his employment - Fair that earlier incident and apology be taken into account - Open for respondent to conclude applicant's conduct had damaged its confidence in him to such serious degree that dismissal an appropriate penalty - Dismissal justified - Produce Manager |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 464_05.pdf [pdf 29 KB] |