| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 484/05 |
| Hearing date | 28 Sep 2005 |
| Determination date | 14 December 2005 |
| Member | K J Anderson |
| Representation | P Appleton ; S Hornsby-Geluk |
| Location | Auckland |
| Parties | Naidu v The Chief Executive in Respect of the Inland Revenue Department |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent reviewed certain activities by applicant and sought his response - Applicant on sick leave because of stress which delayed internal investigation - Respondent concluded that applicant had used work vehicles for unauthorised purpose on certain days - Had booked accommodation without authority to do so and when he failed to cancel booking applicant bought respondent into disrepute - Had misled team leader for purpose of obtaining benefit of using work vehicle for own means - Had breached obligations under Code of Conduct - Dismissed applicant with one month's pay in lieu of notice - Applicant alleged dismissal was unjustified - Respondent's investigation took place over reasonable period of time and was both thorough and fair - Conclusions reached by respondent reasonably available to it - Breach of trust and confidence particularly marked given position of trust held by applicant - Dismissal justified - Investigator |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 8 |
| PDF File Link: | aa 484_05.pdf [pdf 48 KB] |