| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 120/06 |
| Hearing date | 27 Oct 2005 - 3 Feb 2006 (3 days) |
| Determination date | 07 April 2006 |
| Member | K J Anderson |
| Representation | G Wilkin ; A Hope |
| Location | Auckland |
| Parties | Dickson v New Zealand Grazing Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE - Serious misconduct – Summary dismissal – Applicant failed to inform employer that former employee had set up competing company and that clients of respondent had transferred business to new company – Dismissed following disciplinary meeting – Applicant’s denials of knowledge about why clients failed to re-sign with respondent not credible given close friendship with former employee and certain evidence uncovered during respondent’s investigation – Respondent entitled to conclude applicant in possession of knowledge for some time and failed to inform respondent – Unclear whether withholding information was deliberate – However, applicant had duty to inform respondent of reasons for loss of business – Failure to inform was action or inaction that significantly undermined trust and confidence in employment relationship – Breach of duty of fidelity and loyalty owed to respondent - Procedural flaws not such as to render dismissal unjustified or warrant finding of unjustified disadvantage – Dismissal justified – No unjustified disadvantage - BREACH OF CONTRACT – Counterclaim by respondent for damages for loss of income - Causal link between applicant’s breach and respondent’s loss of income not sufficiently certain – Damages claim declined – Length of service in final role with respondent one year five months – Service manager |
| Result | Application dismissed ; Counterclaim dismissed ; Costs reserved |
| Statutes | Employment Relations Amendment Act (No 2) 2004 s1A;ERA s4 |
| Cases Cited | Big Save Furniture v Bridge [1994] 2 ERNZ 507;Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174;Tisco v Communication & Energy Workers Union [1993] 2 ERNZ 779 |
| Number of Pages | 9 |
| PDF File Link: | aa 120_06.pdf [pdf 62 KB] |