| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 530 |
| Hearing date | 13 Sep 2011 |
| Determination date | 14 December 2011 |
| Member | K J Anderson |
| Representation | S Austin ; S Wilson |
| Location | Whakatane |
| Parties | Mohn v Smiths City (Southern) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed and disadvantaged by respondent – Respondent administration support manager (“A”) discovered applicant had not completed banking on daily basis – Applicant attended disciplinary meeting and given written warning – Respondent branch manager (“P”) found money unattended – P found safe key in lock of safe and office unattended – P informed by respondent supervisor that safe door left open and money lying on floor while office unattended – Applicant attended disciplinary meeting and given written warning – A discovered applicant had not completed electronic banking on two days – Applicant claimed banking not done on first day because problem with till and too busy in afternoon to get banking done and on second day believed it was not worth doing banking as received small amount of cash – Respondent regional manger (“L”) told applicant explanation unacceptable – L concluded applicant’s actions constituted serious misconduct as had failed to follow lawful and reasonable instructions – Applicant dismissed – Authority found applicant aware of respondent’s concerns about failure to implement proper security measures in regard to company monies which included requirement to do banking on daily basis – Found warnings fair and reasonable – Found respondent entitled to treat applicant’s conduct as serious misconduct – Found had incident that led to dismissal been first of type then dismissal may have been inappropriate – Found, however, given overall events and in particular regular lapses by applicant termination of applicant’s employment justifiable – Dismissal justified – No disadvantage – Sales Support Person |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] ERNZ 425;Air New Zealand Ltd v V [2009] ERNZ 185 |
| Number of Pages | 11 |
| PDF File Link: | 2011_NZERA_Auckland_530.pdf [pdf 55 KB] |