| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 27/02 |
| Determination date | 19 March 2002 |
| Member | R A Monaghan |
| Representation | J Parlane ; G O'Brien |
| Location | Auckland |
| Parties | Hewitson v Singleton & Hansen (Plumbing) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Performed unauthorised homers" - Carried out work for own clients in own time - Confronted about misconduct - Placed in position where forced to resign - Disciplinary meeting held after resignation tendered - Dismissed at end of meeting - Conduct not consistent with obligation of good faith and fidelity towards employer - Dismissal justified - Counter-claim - Alleged wages overpaid - Additional weekly payment for registration - Misrepresentation of registration - Paid higher rate based on alleged mistake - Never asked for registration documents - No evidence of mistake - No legal basis for liability - Plumber" |
| Result | Application dismissed ; Costs reserved |
| Statutes | Contractual Mistakes Act 1977;Contractual Mistakes Act 1977 s6(a);ERA s162;Plumbers, Gasfitters and Drainlayers Act 1976;Plumbers, Gasfitters and Drainlayers Act 1976 s20;Plumbers, Gasfitters and Drainlayers Act 1976 s38 |
| Number of Pages | 8 |
| PDF File Link: | aa 27_02.pdf [pdf 44 KB] |