Posted on: Feb 04, 2015
The Employment Relations Authority said an expired final written warning was part of the circumstances that an employer was entitled to take into account when considering an appropriate sanction under the justification test in section 103A of the Employment Relations Act 2000, and that equally a fair and reasonable employer could be expected to have considered a situation where there had been no issues arising since an expired warning.
Shanmuganathan v Powernet Ltd  NZERA Christchurch 153
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