| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 50/03 |
| Hearing date | 14 Jan 2003 |
| Determination date | 27 February 2003 |
| Member | R A Monaghan |
| Representation | J Peebles ; N Pointon |
| Location | Auckland |
| Parties | Climo & Anor v Trouts 1 Ltd |
| Other Parties | Olsen |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Owner of respondent became concerned about amount of takings - Confronted second applicant and implied she had stolen money - Resignation tendered one week later - No credible evidence put to second applicant - Owner's mind closed to possibility of legitimate explanation for low takings - Investigation not fair or reasonable - Resignation amounted to constructive dismissal - Serious misconduct - Suspected first applicant dealing drugs on premises - Installed surveillance camera - Instructed manager to dismiss first applicant - Dismissed summarily without evidence in support of allegations or opportunity to respond - Dismissal unjustified - Manager - Doorperson |
| Result | Application granted ; Reimbursement of lost wages ($6,337)(KO) ; ($17,784)(LC) ; Compensation for humiliation etc ($3,000)(KO) ; ($2,000)(LC) ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |