| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 25/01 |
| Determination date | 24 May 2001 |
| Member | P R Stapp |
| Representation | A Gallie ; W Harvey |
| Location | Napier |
| Parties | Commin v McMillin Craig Stationery (1996) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Allegation of theft - Applicant reported by shop manager to have stolen shop merchandise - No transaction recorded in staff purchase book - Applicant called to two meetings - No advance warning of meetings - No warning of possibility of dismissal - Insufficient to state matter was serious - No opportunity to have representative - Informed of allegations - Opportunity to respond - Claimed she paid for item - Manager's allegation of suspicious behaviour not followed up - Meeting was a disciplinary meeting because decision to reprimand followed - House rules provided a disciplinary process that required employee representation - Dismissal procedurally unfair - Could not claim an honest belief on reasonable grounds that actions amounted to serious misconduct - Decision affected by failure to follow proper procedure - Applicant did not contribute to unfair procedure - No contributory conduct - Shop assistant |
| Result | Application granted ; Reimbursement of lost wages ($6,000) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($1,326) ; Disbursements ($70)(filing fee) |
| Cases Cited | Airline Stewards & Hostesses etc IUOW v Air NZ Ltd [1990] 3 NZILR 584;Auckland City Council v Hennessey [1982] ACJ 699;BP Oil NZ Ltd v NID Distribution Workers etc IUOW [1989] 3 NZLR 580;Drummond v Coca-Cola Bottlers NZ [1995] 2 ERNZ 229;Honda NZ Ltd v NZ Boilermakers' etc Union [1991] 1 NZLR 392;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Okeby v Computer Associates (NZ) Ltd [1994] 1 ERNZ 613;Read v Air New Zealand Ltd [1991] 3 ERNZ 139;Reid v NZ Fire Service Commission [1995] 2 ERNZ 38 |
| Number of Pages | 8 |
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