| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 60 |
| Hearing date | 12 Mar 2014 |
| Determination date | 15 April 2014 |
| Member | M B Loftus |
| Representation | M Leggat ; J Birnie |
| Location | Blenheim |
| Parties | Rutherford v Rock Ferry Wine Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent changed policy regarding partly consumed bottles of wine so that all bottles to be passed to kitchen for cooking unless permission to take wine given - Applicant queried wines used for cooking and claimed obtained permission from supervisor to take unwanted varietals when available - Applicant contended respondent’s policy changed following permission from supervisor, and change affirmed by lack of action when applicant subsequently observed by supervisors removing wine on more than one occasion - Respondent dismissed applicant when Business Director observed applicant taking bottle - Cellar Door Host |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s contention that respondent’s policy changed not fully investigated and respondent had insufficient evidence to say permission to take wine not granted. Questionable whether removal of wine would justify dismissal where policy provided for removal albeit with permission, and where respondent admitted would have still employed applicant if applicant admitted wrongdoing. Respondent claimed removal of wine combined with applicant’s insistence permission given to remove wine destroyed level of trust, however this only conveyed to applicant after decision to dismiss. Respondent’s decision to dismiss pre-determined as influenced by earlier incidents not discussed in investigation meeting. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4,825 reimbursement of lost wages. $5,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($4,825) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(b);ERA s103A(c);ERA s103A(d);ERA s103A(3)(a);ERA s124;ERA s128(2) |
| Cases Cited | Allen v Transpacific Group Ltd (t/as Medismart Ltd) (2009) 6 NZELR 530 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Christchurch_60.pdf [pdf 193 KB] |