| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 265 |
| Hearing date | 14 May 2013 |
| Determination date | 24 June 2013 |
| Member | R Larmer |
| Representation | M Meyrick ; B Lotter |
| Location | Auckland |
| Parties | Meyrick v Portage Licensing Trust |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Whether applicant having loyalty card and allowing co-worker to misuse loyalty card amounted to serious misconduct – Whether putting through sale for co-worker in breach of staff discount policy amounted to serious misconduct - Whether applicant treated differently to co-workers - Duty manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No serious misconduct in applicant having loyalty card or in applicant’s failure to stop co-worker misusing loyalty card. Aiding co-worker to breach discount policy serious misconduct. Respondent failed to comply with obligations of good faith by failing to provide applicant with information relevant to dismissal. No disparity in treatment of staff. Applicant fundamentally undermined trust and confidence of respondent. Procedural deficiencies. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. $2,000 compensation appropriate. |
| Result | Application granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) - ERA s103A - ERA s103A(2) - ERA s103A(3) - ERA s103A(3)(a) - ERA s103A(3)(b) - ERA s103A(3)(c) - ERA s103A(3)(d) - ERA s103A(4) - ERA s103A(5) - ERA s124 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_265.pdf [pdf 180 KB] |