| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 39/03 |
| Hearing date | 13 Feb 2003 - 14 Feb 2003 (2 days) |
| Determination date | 18 March 2003 |
| Member | D Asher |
| Representation | F Mackay ; F & D Cottis (In person) |
| Location | Wanganui |
| Parties | Davidson v F & D Cottis Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Employed by previous owners of business for 10 years - Commenced new employment with respondent after sale and purchase of business - Different practices and operating methods introduced - Concerned at significantly lower profit than expected - Spoke to applicant informally on several occasions regarding accounting of stock - Dismissed for stock unaccounted for in his care - No opportunity to be heard - No notice of allegations - Several allegations not put to applicant for comment - Dismissal substantively unjustified - No system to accurately account for stock - Decision to dismiss not fair and reasonable in circumstances - Procedural unfairness - Dismissal unjustified - Milk deliverer |
| Result | Application granted ; Reimbursement of lost wages ($1,600) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Statutes | ERA s65 |
| Cases Cited | Birss v Secretary for Justice [1984] 1 NZLR 513;Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229 |
| Number of Pages | 12 |
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