| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 99 |
| Hearing date | 29 Jan 2013 - 15 May 2013 (2 days) |
| Determination date | 10 June 2013 |
| Member | D Appleton |
| Representation | A Oberndorfer ; P White |
| Location | Christchurch |
| Parties | Collings v Home Direct Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Respondent alleged to have used company vehicle for personal use, charged company card for personal fuel, stored stock in undesignated and unsecured room, and failed to lock stock room – Whether applicant allowed customer to use former partner’s account without authorisation – Falsification of company records – Misappropriation of company funds – Whether mystery shopper being used to catch out employees – Applicant suspended – Whether dismissal predetermined – ARREARS OF WAGES – Applicant sought arrears of wages – Deduction from wages – Branch manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Authority ordered non-publication of identities of respondent’s customers. Applicant requested disciplinary investigation happen early. Applicant understood issues and not prejudiced by early meeting. Respondent considered applicant’s answers. Thorough investigation. Complaint from customer prompted investigation. No predetermination. Mystery shopper coincidental. Applicant accepted wrongdoing. Suspension without consultation breach of employment agreement. No loss or disadvantage caused. No unjustified disadvantage. Dismissal justified.;ARREARS OF WAGES: Employment agreement allowed respondent to deduct sum equivalent to respondent’s loss. Incorrect to include GST when calculating loss. Respondent to pay applicant $176 arrears of wages. |
| Result | Application granted (arrears of wages) ; Arrears of wages ($176.08) ; Applications dismissed (unjustified disadvantage)(unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5(1);Wages Protection Act 1983 s6(2) |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Christchurch_99.pdf [pdf 356 KB] |