| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 233/02 |
| Hearing date | 5 Jul 2002 |
| Determination date | 13 August 2002 |
| Member | R A Monaghan |
| Representation | H Thorpe ; G Lewis |
| Location | Auckland |
| Parties | Aiono v Quest Auckland Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Duties contracted out - Alleged predetermination to dismiss for prior misconduct - Communication identified dismissal as inevitable - Redundancy genuine - Genuine security reasons for contracting out - Communication stated likely consequence of contracting out - No predetermination - Applicant given adequate consultation - Dismissal justified -UNJUSTIFIED DISADVANTAGE - Misconduct - Warnings - Alleged warnings without merit - Conflict of interest - Acted on behalf of company without authority - Failure to follow sick leave procedures - Matters fully investigated - Applicant chose not have support person present - Warnings substantively justified and procedurally fair - No disadvantage suffered |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533 |
| Number of Pages | 7 |
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