| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 76/02 |
| Determination date | 21 March 2002 |
| Member | R A Monaghan |
| Representation | M Dew ; G Pollak |
| Location | Auckland |
| Parties | Small v Japan Auto (NZ) Ltd t/a ABC Motor Group |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged failure to comply with negotiated settlement - Alleged unjustified suspension - Whether binding settlement reached - Restructuring - Reduction in position - Subsequent misconduct discovered during negotiation - Applicant agreed to all terms of settlement - Sought to add clause denying liability - Liability clause was counter-offer - No settlement - Suspension for disciplinary investigation - No opportunity to be heard - No contractual right to suspend - No reason for suspension given - Suspension amounted to unjustified disadvantage - UNJUSTIFIED DISMISSAL - Serious misconduct - Numerous breaches of company policy caused significant loss to company - Alleged prohibited transactions - Alleged attempted to coerce other staff to resign - Asserted dismissal investigation biased - No evidence of bias - Alleged dismissal procedure unfair - Procedural shortcomings did not affect opportunity to refute allegations - Answers insufficient - Dismissal justified - General manager |
| Result | Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Association of Staff in Tertiary Education v Northland Polytechnic Council [1992] 2 ERNZ 943 |
| Number of Pages | 22 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |