| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 145/07 |
| Hearing date | 13 Nov 2007 |
| Determination date | 29 November 2007 |
| Member | A Dumbleton |
| Representation | J Goldstein ; P White |
| Location | Christchurch |
| Parties | Gavin v Smith Developments |
| Summary | UNJUSTIFIED DISMISSAL - Conflict of interest - Duty of loyalty - Applicant dismissed following investigation into her role with charitable trust and actions in passing information to trust during employment - Respondent concerned about conflicts of interest - Applicant had disclosed role as trustee when hired but extent to which she informed respondent of role disputed - On bare wording of trust deed, applicant in breach of employment agreement from time entered employment as both trust and respondent involved in same work - Dismissed when forwarded email received at work to another trustee without informing respondent of opportunity - Applicant submitted respondent waived express provisions of employment agreement in relation to trust as aware of interest - Respondent made it clear during interviews that highly important to it to discover potential for conflicts of interest - Respondent’s evidence not made fully aware of extent trust involved, or could be involved , in competition preferred - Sending email aggravated existing breach - Conclusion applicant’s actions in conflict with employment obligations reasonable in circumstances - Actions so seriously undermined trust and confidence necessary for employment relationship that respondent given grounds for dismissal - Dismissal justified - Property Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand v Hudson [2006] 3 NZELR 155;Max Tarr Electrical Contractors Ltd v Dixon [2002] 2 ERNZ 281 |
| Number of Pages | 15 |
| PDF File Link: | ca 145_07.pdf [pdf 59 KB] |