| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 414 |
| Hearing date | 2 May 2013 |
| Determination date | 13 September 2013 |
| Member | K J Anderson |
| Representation | B Lynch (in person) ; M McGoldrick |
| Location | Hamilton |
| Parties | Lynch v The Farmers Trading Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Staff discount card issued to applicant and applicant’s nominated family member - Applicant took and used hosiery without immediately paying - Investigation into incident led to further allegations regarding misuse of staff discount card - Sales Consultant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Investigative process used by respondent appropriate and essential criteria regarding process met. Dismissal of applicant for removing item of hosiery without making payment when required action of fair and reasonable employer. Applicant would or should have been aware of requirements relating to use of staff discount card. Respondent entitled to treat total circumstances and actions of applicant as serious misconduct leading to loss of trust and confidence. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2);ERA s103A(3) |
| Cases Cited | W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_414.pdf [pdf 187 KB] |