Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 52/03
Hearing date 30 Jan 2003
Determination date 28 February 2003
Member K Raureti
Representation K Nicolson ; S Langton, A Gray
Location Auckland
Parties Lee v Woolworths NZ Ltd
Summary UNJUSTIFIED DISMISSAL - Serious misconduct - Breach of company policy - Credited cash sales from one department to another - Amounted to falsification of company records - Actions likely to strike at heart of basic trust and confidence - Open to fair and reasonable employer to dismiss - No advance warning of disciplinary meeting - Dismissal substantively justified but procedurally unfair - Contributory conduct 80 percent - Team leader
Result Application granted ; Reimbursement of lost wages ($19,449.95 reduced to $3,889.99) ; Compensation for humiliation etc ($1,600) ; Reimbursement of lost benefit ($724.98)(Company car) ; Costs reserved
Cases Cited Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35
Number of Pages 6
PDF File Link: PDF file not available for download, please contact us to request a copy.