Bendon worker loses support in unfair dismissal case

A woman who complained she was unjustifiably dismissed by lingerie maker Bendon when it discovered she was developing her own line of lingerie has been ruled against by the Employment Relations Authority (ERA).

Olivia Corbett had been employed as a consultant to sell Bendon garments but the company believed she had a conflict of interest because she had created her own range of lingerie which she was planning to manufacture and sell.

After a disciplinary hearing Bendon representatives found Ms Corbett was in breach of her duty as an employee, which was serious enough to justify summary dismissal.

Ms Corbett, of Auckland, maintained throughout the hearing there was no conflict of interest and made a claim of unfair dismissal against Bendon.

In a ruling on May 30 the ERA found Bendon did not dismiss Ms Corbett without justification and that she had breached the conflict of interest clause in the employment agreement.

A disciplinary inquiry by Bendon in June last year was "substantially fair and reasonable", the ERA found.

A suspension which followed was not unjustified and had caused "no material disadvantage in her employment".

The ERA ruled there had been no employment breach by Bendon and no breach of the duty of good faith.

The ERA ruled in favour of Bendon and asked the parties to resolve the question of costs from the investigation between them.

- NZPA