| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 350/09 |
| Hearing date | 25 Aug 2009 - 17 Sep 2009 (3 days) |
| Determination date | 05 October 2009 |
| Member | A Dumbleton |
| Representation | M O'Brien ; B Edwards |
| Location | Auckland |
| Parties | Peleti v KME Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed dismissal unjustified and in breach of employment agreement – Applicant gave courier different name and address from those of intended recipient – Documents important and highly sensitive to intended client recipient – Respondent reproached by client for mishandling delivery – Authority found applicant gave untrue account of courier instructions – Applicant invited to disciplinary meeting – Following disciplinary meeting, respondents met with applicant’s representative to discuss applicant’s continued employment – Applicant did not attend as was on annual leave – Applicant dismissed – Applicant argued dismissal unfair as respondent failed to convey reasons for dismissal to applicant and failed to invite applicant to subsequent meeting – Minutes of subsequent meeting referred to another meeting to be held – Respondent failed to hold meeting because had engaged with applicant’s representative – Found respondent reasonably concluded applicant’s performance amounted to misconduct – Found respondent had reasonable grounds to believe reputation of firm put at risk by applicant’s conduct – Decision to dismiss based on dishonesty – Respondent alleged applicant dishonest about courier instructions to various people and had brought respondent into disrepute – Found applicant not given full opportunity to explain conduct – Found second meeting would not affect decision – Found respondent substantially observed rules of procedural fairness – Dismissal justified – Non-publication order – Receptionist/office assistant |
| Result | Application dismissed ; Orders made ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s124;ERA Second Schedule cl10 |
| Cases Cited | Chief Executive of Unitec v Henderson unreported, Colgan CJ, 19 March 2007, AC 12/07 |
| Number of Pages | 10 |
| PDF File Link: | aa 350_09.pdf [pdf 31 KB] |