| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 308A/09 |
| Hearing date | 1 Oct 2009 |
| Determination date | 07 December 2009 |
| Member | K J Anderson |
| Representation | P Blair ; P Swarbrick |
| Location | Rotorua |
| Parties | Whitney v New Zealand Post Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for serious misconduct when informed respondent of theft conviction - Applicant dismissed from previous period of employment with respondent about 10 years ago following conviction - Current conviction related to theft from previous employer - Applicant claimed dismissal unjustified as conviction related to matter outside of employment and respondent not entitled to consider previous conviction - Respondent claimed dismissal justified as applicant’s criminal conviction created breach of trust and confidence making continuation of employment relationship impossible - Authority found collective employment agreement provided receiving criminal conviction relevant to employment constituted serious misconduct warranting dismissal - Found applicant knew if received criminal conviction relevant to employment, employment at risk - Found dismissal procedurally fair - Found applicant held position requiring high level of trust, honesty and integrity - Found respondent’s conclusion applicant showed propensity to commit dishonest and illegal acts fairly and reasonably available - Found dismissal was action of fair and reasonable employer in all circumstances given applicant’s position of trust - Dismissal justified - Postal Delivery Worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Ashton v Shoreline Hotel [1994] 1 ERNZ 421;Murray v A-G [2002] 1 ERNZ 184;Pou v Alliance Group Ltd unreported, J Crichton, 11 Jul 2008, CA 96/08;Whitney v New Zealand Post Ltd unreported, R A Monaghan, 28 Aug 2009, AA 308/09 |
| Number of Pages | 8 |
| PDF File Link: | aa 308a_09.pdf [pdf 40 KB] |