| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 102/02 |
| Determination date | 15 April 2002 |
| Member | A Dumbleton |
| Representation | A Drake ; C Patterson |
| Location | Auckland |
| Parties | Kinchington v Peace Software New Zealand Ltd |
| Other Parties | Peace Software Australia Pty Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Probation period extended - Failed to perform to requisite standard - Offered new employment opportunity with first respondent - Dismissed when offer rejected - Acknowledged dismissal unjustified - Reinstated to former position - Alleged duties and computer access reduced - Discovered misrepresented employment history on pre-employment application form - Given final warning for misrepresentation - Subsequently dismissed for serious misconduct - Alleged false claim for sick leave - Seen out while absent on sick leave - Identity of employer - Whether first or second respondent - Offer of employment from second respondent - Proposal to transfer to employment of first respondent not accepted by applicant - Worked for first respondent on secondment - No basis for lifting corporate veil - Second respondent employer - First dismissal unjustified - Unreasonable to dismiss applicant for not accepting transfer proposal - Reinstatement not incomplete - Computer access rearranged - Other staff affected - Open to second respondent to investigate misrepresentation - Investigation full and fair - Given details of allegations and opportunity to explain - Entitled to find that employment relationship significantly impaired by breach of trust - Dismissal for serious misconduct justified - Remedies - No contribution - No contractual entitlement to particular standard of accommodation - No entitlement to per diem payments in Australian dollars - No conduct warranting award of exemplary damages |
| Result | Application granted in part ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Cases Cited | Jardine Risk Consultants Ltd v Beal [2000] 1 ERNZ 405 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |