Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 14/09
Hearing date 11 Aug 2008 - 12 Aug 2008 (2 days)
Determination date 19 January 2009
Member L Robinson
Representation A Halloran ; D France
Location Auckland
Parties Cui v The Vice-Chancellor of the University of Auckland
Summary UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent argued applicant dishonestly provided incorrect information on curriculum vitae (“CV”) – Applicant submitted CV online and subsequently offered employment – Respondent called applicant to meeting to discuss performance concerns – Meeting neither formal or disciplinary – Applicant’s comments at meeting made respondent question applicant’s stated qualifications – Respondent became aware applicant’s qualification not conferred as represented in CV – Disciplinary meeting held where applicant argued accidentally deleted words “to be completed” from CV and thought had explained error during job interview – Respondent unable to accept applicant’s submission as plausible – Concluded lost trust and confidence in applicant as actions misleading and dishonest – Respondent provided applicant with letter terminating employment for serious misconduct – Authority found applicant failed to inform respondent had not completed qualification at job interview – Authority found respondent entitled to reject applicant’s explanation and to form view CV not submitted in error and so conclude dishonest representation about qualification – Found respondent entitled to conclude serious misconduct – Misconduct went to heart of contract – Dismissal justified – Application dismissed - Costs reserved
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Number of Pages 6
PDF File Link: aa 14_09.pdf [pdf 33 KB]