| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 308/03 |
| Hearing date | 19 Aug 2003 |
| Determination date | 14 October 2003 |
| Member | M Urlich |
| Representation | M Dixon ; E Mann |
| Location | Auckland |
| Parties | McCullough v Ven-lu-ree Blind Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Workplace theft - Discrepancies in accounts - Applicant and other co-worker informed of discrepancies and interviewed - Ability of one employee to complete banking removed - Alleged applicant resigned due to implication that she had committed the theft - Implication came after resignation - Prior to resignation employer followed reasonable process - Had not accused applicant of theft - UNJUSTIFIED DISADVANTAGE - Grievance treated differently from one claimed - Attempt by employer to coerce confession during impromptu meeting - Actions took place after resignation given - Conduct amounted to unjustified disadvantage - Customer service administrator |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Statutes | ERA s122 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 7 |
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