| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 395 |
| Hearing date | 4 Mar 2011 - 6 Apr 2011 (2 days) |
| Determination date | 12 September 2011 |
| Member | Y S Oldfield |
| Representation | G Bennett ; P Woodhams |
| Location | Auckland |
| Parties | Jordan v Compass Communications Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent general manager (“W”) told by employees that applicant planned to set up competing business and take co-workers – Applicant attended disciplinary meeting and given letter containing allegations – Applicant did not answer allegations as believed not enough to respond to – Applicant declined to attend further disciplinary meetings and raised concerns about fairness of process – W put applicant on notice that was required to attend final disciplinary meeting – Applicant failed to attend disciplinary meeting – W dismissed applicant – Authority found W unable to explain why failed to provide applicant with all information that was taken into account in deciding whether dismissal appropriate – Found respondent’s failure to provide applicant with opportunity to comment on all information rendered process unfair – Dismissal unjustified – REMEDIES – 100 per cent contributory conduct – Found evidence supported conclusion that applicant attempted to solicit respondent’s employees whilst still employed by respondent – Found applicant’s conduct amounted to clear cut and serious breach of duties of loyalty and good faith – No remedies awarded – New Business Development Manager |
| Result | Application granted ; Contributory conduct (100%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s114 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_395.pdf [pdf 23 KB] |