| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 72/02 |
| Hearing date | 24 Jul 2002 - 25 Jul 2002 (2 days) |
| Determination date | 22 August 2002 |
| Member | G J Wood |
| Representation | M O'Sullivan ; G Gowland |
| Location | Wellington |
| Parties | Stagg v Selbys Sports Cafe Ltd t/a Selbys Sports Cafe |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Unlawfully sold kegs of beer to customer - Opportunity to explain not taken up - Sufficient evidence for respondent to decide to dismiss - Allegations admitted at Authority's investigation meeting - Fair process applied differently in respect of admitted conduct - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Alleged demotion when part-owner became working proprietor - No provision for redundancy compensation in employment contract - Agreement reached between parties that applicant would stay on with altered duties but extra benefits - Unable to complain about effective demotion after contract renegotiated - Bar manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Ashton v Shoreline Hotel [1994] 1 ERNZ 421;Corry v Clouston & Co Ltd (1904) 7 GLR 213 (CA);Murphy and Routhan t/a Enzo's Pizza v van Beek [1998] 2 ERNZ 607;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 13 |
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