| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 39 |
| Hearing date | 10 Feb 2015 |
| Determination date | 10 April 2015 |
| Member | G J Wood |
| Representation | A Mihailoff ; L Liu |
| Location | New Plymouth |
| Parties | Durning v Evergreen Food Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Alleged theft - Removal of magazines without permission - Police complaint - Shop assistant |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: No investigation of alleged theft and no evidence of theft found by Police. Insufficient evidence for any fair and reasonable employer to rely on given seriousness of allegation. Applicant's error in not seeking permission to take item of no monetary value could not be considered serious misconduct justifying dismissal. Complete absence of procedural fairness requirements. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,720 reimbursement of lost wages. $2,500 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($6,720) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3) |
| Cases Cited | Honda New Zealand Ltd v New Zealand Boilermakers' etc, Union [1991] 1 NZLR 392 (CA) |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Wellington_39.pdf [pdf 172 KB] |