| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 130/03 |
| Hearing date | 24 Jul 2003 |
| Determination date | 12 September 2003 |
| Member | P R Stapp |
| Representation | P Ryder-Lewis ; R Searle |
| Location | Wellington |
| Parties | Lloyd v Resene Paints Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged falsification of time sheet - Whether respondent could have concluded that applicant deliberately falsified timesheet - Whether applicant treated fairly - Took annual leave - Recorded 8 hours work plus overtime on day took ï¾½ day's leave - Overtime claim accepted - Admitted unintentional mistake due to stress and pressure at home and work - Explanation not accepted by respondent - Applicant had opportunity and time to prepare for meeting and organised representative - Matter not predetermined - Could not have come to honestly held belief that applicant deliberately falsified leave - Some relevant information not identified in inquiry - Proper enquiry should have ensured that all relevant information came out - Applicant legally aided - Shop manager |
| Result | Application granted ; Reimbursement of lost wages ($25,874.01) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584;Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 15 |
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