| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 105/06 |
| Hearing date | 29 May 2006 |
| Determination date | 19 July 2006 |
| Member | J Crichton |
| Representation | S Zindel ; P Ahern |
| Location | Christchurch |
| Parties | Grant v Nelson Heights Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant sold electrical goods at respondent's store - Three alleged instances of misconduct in handling of goods - Admitted alleged behaviour - Initially applicant indicated knew policy and procedures - Later tried to resile from statements - Applicant's evidence lacked credibility - Difficult for applicant to seriously contend unaware of policies - No disparity of treatment - Allegations supporting dismissal were examples of misconduct applicant acknowledged he knew were wrong - One allegation taken alone might not have grounded dismissal, but together represented course of conduct - Respondent justified in regarding as fundamental breach of duty of honesty and fair dealing - Had opportunity to resile from inappropriate behaviour - Length of service not specified - Sales consultant |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand v Hudson [2006] 1 ERNZ 415 |
| Number of Pages | 8 |
| PDF File Link: | ca 105_06.pdf [pdf 47 KB] |