| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 89 |
| Hearing date | 9 Jul 2013 |
| Determination date | 23 July 2013 |
| Member | G J Wood |
| Representation | R Ward ; B Laracy |
| Location | Wellington |
| Parties | Campbell v Aqua Pi Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent introduced meal arrangement for customers – Arrangement included delivery fee – Meals ordered by two customers – Applicant charged one delivery fee for both customers – Argument between applicant and respondent – Respondent threatened to call police if applicant did not leave – Disciplinary meeting convened – Applicant alleged to have altered respondent’s booking and payment sheets – Respondent noted $92 cash missing – Pre-prepared dismissal letter given to applicant at conclusion of meeting – COSTS – Applicant sought contribution towards costs – Receptionist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent did not sufficiently investigate concerns. Respondent’s decision about undercharging unreasonable. Breach minor and technical. Dismissal not fair and reasonable. Argument between parties undignified. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Respondent to pay applicant $6,656 reimbursement of lost wages. $2,800 compensation appropriate.;COSTS: Less than one day investigation meeting. Respondent to pay applicant $2,500 contribution towards costs. |
| Result | Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($6,656) ; Compensation for humiliation etc ($2,800) ; Costs in favour of applicant ($2,500) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_89.pdf [pdf 168 KB] |