| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 306/06 |
| Hearing date | 7 Sep 2006 |
| Determination date | 29 September 2006 |
| Member | V Campbell |
| Representation | J Watson : S Turner |
| Location | Auckland |
| Parties | Te Nana v Telecom New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed for alleged breaches of respondent's policies - Over two years applicant issued customers with credits apparently not entitled to - More likely than not applicant aware of policies - Applicant made informed choice not to have representation at disciplinary meeting - Claimed carried out actions without thinking and out of habit, but not for personal gain - Applicant argued not given opportunity to address matters as occurred and if had been regularly audited issues could have been dealt with earlier - Alleged unfairness as could not be expected to remember what happened over two years ago - Respondent required employees to make notations against customer accounts explaining actions to prevent this situation arising - Applicant accepted had not made notations as required - Issues not raised outside reasonable timeframe - Respondent acted fairly and reasonably in reaching conclusion applicant's actions sufficiently serious to warrant dismissal - Dismissal justified - Length of service two years nine months - Team leader |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | North Island Wholesale Groceries Ltd v Hewin [1992] 2 NZILR 176 |
| Number of Pages | 13 |
| PDF File Link: | aa 306_06.pdf [pdf 64 KB] |