| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 63 |
| Hearing date | 23 Feb 2012 |
| Determination date | 13 April 2012 |
| Member | H Doyle |
| Representation | S Hollis ; R Scott |
| Location | Greymouth |
| Parties | Smith v Munchies on Marsden Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed questioned by respondent director (“C”) in front of Police about $400 missing from workplace – Applicant claimed respondent said applicant recorded on respondent surveillance footage taking money from till – Respondent director (S") claimed appeared applicant had removed money from till and decided to notify Police – Till tape broken and amount missing unclear - Constable (“J”) accompanied C to applicant’s house – C claimed told applicant had noticed respondent’s low takings and needed to investigate issue – C claimed did not mention amount missing from till - C claimed asked applicant for keys so could open store to check footage - Applicant denied took money from till – Applicant claimed dismissed by C - Applicant viewed footage – Applicant told C was putting money in till for item applicant had purchased from respondent – Applicant claimed S called later same day to ask how could resolve matter and proposed employment continued – Applicant claimed humiliated and did not want to continue employment – Respondent claimed applicant not dismissed – S denied offered applicant job back – Respondent claimed applicant would not participate in respondent’s investigation and said did not want to continue employment – Respondent claimed applicant casual employee – Authority found respondent expected applicant to work agreed shifts – Found more likely applicant permanent employee – Found likely C told applicant at least $400 missing from till and C dismissed applicant before applicant viewed footage – Found respondent made very serious allegation and applicant not given opportunity to explain – Found applicant dismissed when respondent unsure of amount missing from till – J’s job sheet noted footage did not show money taken from till and no charges laid – Found respondent did not carry out fair or full investigation – Found fair and reasonable employer would not have dismissed applicant in circumstances – Dismissal unjustified – REMEDIES – No contributory conduct - $1,123 reimbursement of lost wages - $7,000 compensation appropriate - Shop Assistant" |
| Result | Application granted ; Reimbursement of lost wages ($1,123.20) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s123(1)(b);ERA s124;Employment Relations Amendment Act (No 2) 2004 |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 |
| Number of Pages | 13 |
| PDF File Link: | 2012_NZERA_Christchurch_63.pdf [pdf 60 KB] |