| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 95/10 |
| Hearing date | 16 Dec 2009 |
| Determination date | 03 March 2010 |
| Member | L Robinson |
| Representation | H Wendelborn ; R Kingsnorth, K Hughes |
| Location | Auckland |
| Parties | Debreceni v Apollo Marketing & Advertising Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent discovered applicant advertised own sexual email and explicit photography services on respondent’s advertising website – Respondent concerned activity would conflict with respondent’s operation and its client sexual email service (“F”) – Respondent discovered F not genuine customer but created by applicant – Respondent claimed F’s advertisement banner featured applicant’s daughter and photographs of daughter kept on respondent’s computer system – Applicant claimed assumed respondent knew about F because director’s niece (“S”) knew about activity – Respondent claimed applicant recorded four payments by F – Applicant suspended pending disciplinary meeting – Applicant claimed F was sales tool – Applicant claimed S assisted applicant with respect to advertising and daughter agreed to cut S’s hair in return for photographs taken – Applicant dismissed – Found respondent entitled to reject explanation F sales tool for respondent – Found applicant never told respondent about activity – Found applicant used respondent’s time and resources to pursue own private activities – Found applicant set up F as genuine customer when it was not – Found applicant documented business transactions as though F was genuine customer – Found respondent entitled to form view that applicant’s activities seriously undermined trust and confidence respondent could repose in applicant – Dismissal justified – Business Account Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 6 |
| PDF File Link: | aa 95_10.pdf [pdf 24 KB] |