| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 250/02 |
| Hearing date | 19 Aug 2002 |
| Determination date | 22 August 2002 |
| Member | WRC Gardiner |
| Representation | P Cole ; J Reid |
| Location | Auckland |
| Parties | Meria v Mobil Oil New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether sufficiently serious to warrant dismissal - Personal use of company products - Alleged theft of company property - Using company products in breach of safety standards - Alleged misconduct irreparably damaged trust and confidence - Conduct was sufficient to warrant dismissal - Dismissal substantively justified - BREACH OF CONTRACT - Counterclaim - Alleged applicant's conduct resulted in possible damage to filters - Investigation of filters carried out at respondent's expense - Sought reimbursement of expense - Equity and good conscience jurisdiction exercised - Applicant sufficiently punished by dismissal - Claim dismissed - Aviation refueller |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Provincial District Local Authorities Officers IUOW v Northland Area Health Board [1991] 2 ERNZ 215;Batey v Board of Trustees of St Michael's School [1993] 2 ERNZ 851;BP Oil NZ Ltd v Northern Distribution Union [1992] 3 ERNZ 483;Game v Northland Co-operative Dairy Company Ltd unreported, Travis J, 10 April 2001, AC 28/01;Holley v Country Foods NZ Ltd unreported, Goddard CJ, 24 April 1996, WEC 20/96;Iceland Frozen Foods Ltd v Jones (1982) IRLR 439;NZ Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82;Porter v Board of Trustees of Westlake Girls' High School [1998] 1 ERNZ 377;The Warehouse Ltd v Cooper unreported, Colgan J, 23 March 2001, AC 20/01;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 9 |
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