| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 14/02 |
| Determination date | 24 January 2002 |
| Member | J Wilson |
| Representation | S Afshar ; R Towner |
| Location | Auckland |
| Parties | Johnson v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Concerns that applicant had presented false overtime claims - Application for voluntary redundancy put on hold - Requested to attend meeting and informed of allegations and possible outcome of investigation - Delay between time at which overtime claimed and investigation - Delay not prejudicial - Dismissed on basis of false overtime claims - Overtime had been authorised at time it was claimed - Formal approval did not justify applicant's alleged actions - Full and fair inquiry - Open to respondent to conclude false overtime claims had been filed and serious misconduct had occurred - Dismissal warranted - Uncertain whether voluntary redundancy application would have been approved - No entitlement to redundancy compensation - Personal assistant |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Batey v Board of Trustees of St Michael's School [1993] 2 ERNZ 851;NID Distribution Workers IUOW v Dawe & Sons (Te Puke) Ltd [1990] 1 NZILR 220;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 6 |
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