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Disciplinary Guide & Notes

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Employee Dishonesty and NZ Employment Law

Whitney v New Zealand Post Ltd  07 December 2009  AA 308A/09
K J Anderson  [Employment Relations Authority - Auckland]

UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for serious misconduct when informed respondent of theft conviction - Applicant dismissed from previous period of employment with respo...

Application dismissed ; Costs reserved
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Cui v The Vice-Chancellor of the University of Auckland  19 January 2009  AA 14/09
L Robinson  [Employment Relations Authority - Auckland]

UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent argued applicant dishonestly provided incorrect information on curriculum vitae (“CV”) – Applicant submitted CV on...

Application dismissed ; Costs reserved
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Allen v Transpacific Industries Group (NZ) Ltd  10 March 2008  AA 81/08
A Dumbleton  [Employment Relations Authority - Auckland]

UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unfairly dismissed for falsifying timesheet – Co-worker reported to respondent that applicant not at work when time car...

Application granted (Dismissal) ; Compensation for humiliation etc (reduced to 0) ; Costs reserved
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Murray v Attorney General in respect of the Chief Executive of the Inland Revenue Department  09 July 2002  WC 23/02
Goddard CJ  [Employment Court - Wellington]

DE NOVO CHALLENGE TO DETERMINATION OF EMPLOYMENT RELATIONS AUTHORITY - Unjustified dismissal - Serious misconduct - Benefit fraud committed prior to commencing employment - Failed to disclose offences...

Challenge dismissed (Plaintiffs) ; Challenge allowed (Defendant) ; Determination of Authority set aside ; No order for costs
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BP Oil NZ Ltd v Northern Distribution Union  29 September 1992  CA 51/92
Casey J ; Hardie Boys J ; Gault J  [Court of Appeal]

DISMISSAL - Whether justified - Appeal against Labour Court decision - Whether conclusion reasonably supported by evidence before Court - Role of Court as regards employer's decision to dismiss - Rein...

Appeal allowed, dismissal justified, Labour Court's orders set aside.
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These guidelines provide general information and guidance. The Employment Relations Centre does not accept any responsibility or liability, whether in contract, equity or tort, or under any other legal principle, for any direct or indirect losses or damage of any kind arising from the use of this guide. This includes any action taken as a result of reliance on any part or all of, the information in this guide. It is also noted that:
1. The Employment Relations Centre may change, add to, delete from, or otherwise amend the content of these guidelines without notice.
2. The Employment Relations Centre gives no warranties, guaranties or undertakings as to results that may be achieved from use of the information contained in these guidelines.
3. These guidelines are not intended to address the specific circumstances of any particular individual or entity nor are they professional or legal advice.