Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 13/01
Determination date 04 May 2001
Member P Cheyne
Representation C Nickalls ; AA Couch
Location Christchurch
Parties King v NZ Post Ltd
Summary UNJUSTIFIED DISMISSAL - Serious misconduct - Intention to post parcel with deficient postage - Failure to post due to employer's intervention - Whether applicant realised deficiency - Conflicting answers given in interviews - Applicant suspended then dismissed following admission - Earlier suspicions of similar conduct not put to applicant - Admission allegedly given in confusion - No adequate opportunity to respond to allegations - Dismissal unjustified - Large organisation employer and long serving employee - Reinstatement appropriate - Contributory conduct - Mail sorter
Result Application granted ; Reinstatement ordered ; Costs reserved
Cases Cited BW Bellis Ltd v Canterbury Hotel etc Workers IUOW [1985] ACJ 956;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35
Number of Pages 5
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