| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 4 |
| Hearing date | 6 Nov 2013;18 Nov 2013 |
| Determination date | 10 January 2014 |
| Member | P R Stapp |
| Representation | J McGuire ; D Mitchell |
| Location | Palmerston North |
| Parties | Menear-Gist v Foodstuffs North Island Ltd t/a Toops |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Allegation of misappropriating company funds - Double reimbursements - Applicant claimed expenses for coffee, meals and valeting - Discrepancies not raised with applicant at time - Applicant claimed told to run branch as if own and double reimbursements due to mistake - Independent audit - Conflict between applicant and supervisor - Branch manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Meeting to inform applicant of allegations justified but procedurally flawed. Applicant's supervisor set on suspending applicant at time of meeting. Decision made without investigation. Applicant unjustifiably disadvantaged by suspension. Audit inconclusive about offending due to respondent's lack of company guidelines on behaviour in regard to expenditure. Respondent made decision based on list of transactions and did not rely on independent audit report. Respondent needed to be clear with particularised findings. Dismissal unjustified. REMEDIES: Applicant acknowledged double reimbursements and carelessness . Some of applicants claims implausible. Reinstatement not practicable and reasonable . 30 per cent contributory conduct. Respondent to pay applicant $15,574 reimbursement of lost wages. $7,000 compensation appropriate. |
| Result | Applications granted; Contributory conduct (30%); Reimbursement of lost wages ($15,574.99); Compensation for humiliation etc ($7,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s128 |
| Number of Pages | 17 |
| PDF File Link: | 2014_NZERA_Wellington_4.pdf [pdf 202 KB] |