| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 125/09 |
| Hearing date | 16 Jun 2009 |
| Determination date | 02 September 2009 |
| Member | P R Stapp |
| Representation | G Clarke ; G Ballara |
| Location | Wellington |
| Parties | Smith v Datamail Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustified dismissal because respondent failed to carry out thorough investigation of serious misconduct –Investigation conducted into failure to verify data as part of job description – Applicant confirmed claim – Respondent concluded applicant’s actions constituted serious misconduct – Applicant dismissed without notice – Respondent stated no trust or confidence in applicant – Applicant argued team under resourced – Authority found fair and reasonable employer would give claim little weight as never raised before – Applicant argued believed discretionary powers with regard to verification – Rejected by Authority because job profile clear about policy and procedure – Applicant claimed failure to verify was widespread practice – Found respondent entitled to investigate claim separately – Found applicant’s confirmation of failure to verify data sufficient for respondent to hold policies and procedures not properly followed by applicant – Found applicant informed of decision and given reasons for decision – Applicant had opportunity to reply – Found fair procedure followed – Dismissal justified – Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 11 |
| PDF File Link: | wa 125_09.pdf [pdf 45 KB] |