| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 33/02 |
| Hearing date | 29 Apr 2002 |
| Determination date | 01 May 2002 |
| Member | D Asher |
| Representation | N Chisnall ; P Swarbrick |
| Location | Wellington |
| Parties | Narayan v The Farmers' Trading Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Senior management advised that items missing from applicant's store - Investigation - Unable to apportion blame as items not located - Apparent during initial investigation that correct stock handling procedures not followed by applicant - Applicant aware of procedures - Viewed as serious neglect of duty - Fair investigation into allegations of serious negligence - Employment contract stated acts of negligence amounted to serious misconduct - Dismissal substantively justified - Store manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 11 |
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