| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 91/03 |
| Hearing date | 4 Jul 2003 |
| Determination date | 25 August 2003 |
| Member | H Doyle |
| Representation | R Simes ; HC Matthews |
| Location | Christchurch |
| Parties | Barker v Stonewin Holdings Ltd t/a Oxford Restaurant and Bar |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Theft - Poured wrong drink for customer by mistake - Poured new drink for customer and gave wrong drink to off-duty staff member at bar - Spot check by manager who happened to be at bar - Summarily dismissed for theft - No opportunity to explain - Not informed of allegations in advance - No representative - Overheard manager tell other staff member that she had been fired - Dismissal procedurally unfair and substantively unjustified - No reasonable and honest belief that applicant dishonest - Not open to reasonable employer to see dismissal as appropriate response - Contributory conduct 25 percent - Bar worker |
| Result | Application granted ; Reimbursement of lost wages ($2,860.83 reduced to $2,145.63) ; Compensation for humiliation etc ($9,000 reduced to $6,750) ; Costs reserved |
| Cases Cited | Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23;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 | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |