| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 20 |
| Hearing date | 18 Dec 2013 |
| Determination date | 22 January 2014 |
| Member | A Fitzgibbon |
| Representation | H White ; J Miller |
| Location | Auckland |
| Parties | Saua v EQE Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Allegation applicant did not follow correct procedure when obtaining stock from factory and actions amounted to theft - Two warnings - Factory shop assistant |
| Abstract | AUTHORITY FOUND-;UNJUSTIFIED DISMISSAL: Respondent not credible. No policy regulating taking stock for personal use. Respondent's approach to taking stock vague and confusing. Respondent did not meet with applicant prior to warnings. Applicant did not undertake proper investigation into allegations. Applicant not informed of entitlement to representation. No opportunity to explain. Respondent failed to comply with principles of natural justice. Respondent not fair or reasonable. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $7,377 reimbursement of lost wages. $2,500 compensation appropriate. |
| Result | Application granted; Contributory conduct (50%); Reimbursement of lost wages ($7,377.73); Compensation for humiliation etc ($2,500); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(3) - ERA s124 - ERA s128(2) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_20.pdf [pdf 251 KB] |