| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 350/07 |
| Hearing date | 23 Aug 2007 |
| Determination date | 12 November 2007 |
| Member | V Campbell |
| Representation | A Russell ; P Weaver |
| Location | Hamilton |
| Parties | Douglas v A & G Price Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed for falsifying company records by making moulds for personal use and charging time to clients - Respondent accepted employees able to do some personal work but rules required authorisation and time not charged to clients - Applicant aware of rules and not authorised - When personal work discovered respondent arranged for union representative to be available for meeting - Applicant not told of purpose of meeting until arrived at manager’s office - Respondent’s responsibility to ensure applicant aware of meeting and issues to be discussed - Also, respondent’s rules entitled applicant to witness of his choice, not one arranged by it - However, meeting adjourned and applicant obtained further representation - Negotiated “resignation” to enable him to obtain superannuation benefits - While initial process flawed, failures rectified when meeting adjourned and applicant sought other advice - Ability to discuss consequences of decision to dismiss had tangible benefits to applicant - Actions of fair and reasonable employer - Dismissal justified - Moulder |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Man O' War Farm Ltd v Bree [2003] 1 ERNZ 83;Morris v Christchurch Airport Limited [2004] 1 ERNZ 336;North Island Wholesale Groceries Ltd v Hewin [1992] 2 NZILR 176;NZ Food Processing IUOW v Unilever NZ Ltd [1990] 1 NZILR;Rankin v Attorney-General (No 2) [2001] 1 ERNZ |
| Number of Pages | 9 |
| PDF File Link: | aa 350_07.pdf [pdf 49 KB] |