| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 451 |
| Hearing date | 29 -30 Aug 2013 |
| Determination date | 01 October 2013 |
| Member | E Robinson |
| Representation | S Punshon ; P McBride |
| Location | Auckland |
| Parties | Lemon v Idea Services Ltd Northland |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant attended barbeque with service users – Sausages donated by Trust – Whether applicant advised by representative of Trust (“L”) to take surplus sausages for own use – Applicant stored sausages at respondent’s day centre – Applicant attended meeting to discuss service users’ Christmas barbeque – Whether applicant indicated sausages for Christmas barbeque – Applicant issued with unrelated written warning for misconduct in respect of using service user funds for private expenses and other allegations – Applicant took sausages home – Applicant requested colleague purchase new sausages for barbeque – Incident report filled out in regard to alleged sausage theft – Applicant invited to ‘please explain’ meeting – L confirmed at meeting sausages given to applicant for personal use – Respondent concluded applicant committed theft – Community support worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant advised of allegations and given several opportunities to provide explanations. Appropriate for respondent to treat breach of trust seriously. No dispute L had authority to dispose of sausages. Conclusion applicant committed theft in light of L’s evidence not fair or reasonable. Applicant failed to be active and constructive. Dismissal unjustified. REMEDIES: 100 per cent contributory conduct. |
| Result | Application granted ; Contributory conduct (100%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s103A;ERA s103A(3);ERA s124 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174 |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Auckland_451.pdf [pdf 278 KB] |