Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 50/02
Determination date 01 March 2002
Member D King
Representation H Thorpe ; T Tapsell
Location Auckland
Parties Sheerin v Jamieson Castles Barrister & Solicitors
Summary UNJUSTIFIED DISMISSAL - Serious misconduct - Failed to desist from making allegations of affair between partner and secretary - Claimed never made allegations - Credibility - Respondent's evidence preferred - Affair referred to in emails - Behaviour inexcusable and unacceptable - Dismissal substantively justified - Whether overall principles of fairness complied with - Asked for explanation before decision to dismiss made - Aware that continued behaviour would result in dismissal - Dismissal justified
Result Application dismissed ; Costs reserved
Cases Cited Air New Zealand Ltd v Sutherland [1993] 2 ERNZ 10
Number of Pages 2
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