| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 360/02 |
| Hearing date | 17 Oct 2002 - 5 Nov 2002 (2 days) |
| Determination date | 11 December 2002 |
| Member | K J Anderson |
| Representation | G Peploe ; J Cain |
| Location | Auckland |
| Parties | Fafeita v Benchmark Building Supplies Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Hand wrote customer order in contravention of company policy - Order taken on day of leave - Whether decision to dismiss was one open to reasonable employer - Actions sufficient to justify warning but not dismissal - Reinstatement not practicable given evidence of other misconduct discovered post-dismissal - Contributory conduct 30 percent - Sales representative |
| Result | Application granted ; Reimbursement of lost wages ($1,703.79) ; Compensation for humiliation etc ($3,000 reduced to $2,100) ; Costs reserved |
| Statutes | ERA s123;ERA s123(b);ERA s124;ERA s128(2);ERA s128(3) |
| Cases Cited | W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29;Ark Aviation Ltd v Newton [2001] ERNZ 133;Davis Trading Co Ltd v Lewis [1993] 2 ERNZ 272 |
| Number of Pages | 7 |
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