| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 40 |
| Hearing date | 23-Feb-16 |
| Determination date | 06 April 2016 |
| Member | Helen Doyle |
| Representation | AJ Lodge, C Newman ; Leanne Gardiner (in person) |
| Location | Christchurch |
| Parties | Jackson v Leanne Gardiner t/a Hair on Brighton |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Theft – Hairdresser |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL:. Investigation into missing money insufficient and not in accordance with good faith. Not satisfied that applicant accessed confidential business files and obtained password without permission. Not satisfied that applicant advised of right to bring support person at first meeting or advised of allegations against her. Applicant not given reasonable opportunity to respond. Element of pre-determination apparent. Process not what fair and reasonable employer could have done. Fair and reasonable employer could not have concluded serious misconduct occurred. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,485 reimbursement of lost wages. $8,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($2,485) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s103A ; ERA s103A(3) |
| Number of Pages | 16 |
| PDF File Link: | 2016_NZERA_Christchurch_40.pdf [pdf 212 KB] |