| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 250 |
| Hearing date | 3 Sep 2013;3 Oct 2013 |
| Determination date | 03 December 2013 |
| Member | H Doyle |
| Representation | B Walker ; L Luo |
| Location | Christchurch |
| Parties | Chaney v Surreal Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant sought to purchase t-shirt – T-shirts sold in pairs – Whether applicant advised respondent of purchase – Whether respondent recorded purchase – Applicant did not record purchase in diary – Whether applicant removed items from store without permission – Whether applicant admitted allegation – Whether applicant breached staff purchase policies – Whether applicant dishonest – COSTS – Applicant sought contribution towards costs – Assistant manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No specific allegation in invitation to disciplinary meeting or dismissal letter of breach of policies or rules. Unclear in dismissal letter whether respondent relied on removal of items other than t-shirt to dismiss. Applicant’s explanations at meeting went further than admission removed items from store. Insufficient investigation and genuine consideration of some of applicant’s explanations. Insufficient investigation of whether t-shirt only sold in pairs. Handwritten statement of other employee not shown to applicant. Applicant did not have reasonable opportunity to respond to respondent’s concerns and investigation process not fair and reasonable. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Applicant would have qualified for paid parental leave if not dismissed. Respondent to pay applicant $12,147 reimbursement of lost wages. $5,600 compensation appropriate.;COSTS: Less than one day investigation meeting. Appropriate to award costs based on half of notional daily tariff. Respondent to pay applicant $1,750 contribution towards costs. |
| Result | Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($12,147.40) ; Compensation for humiliation etc ($5,600) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s103A(4);ERA s124 |
| Cases Cited | McKendry v Jansen [2010] ERNZ 453 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Christchurch_250.pdf [pdf 209 KB] |