| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 4/04 |
| Hearing date | 15 Jan 2004 |
| Determination date | 23 January 2004 |
| Member | G J Wood |
| Representation | D McKnight ; K Binnie |
| Location | Wellington |
| Parties | Iraia v The Warehouse Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Whether unjustified - Alleged saw boys shoplifting in nearby shop in mall - Left respondent's premises to give chase - Boy made racist remarks - Alleged grabbed and slapped boy - Recently informed not to get involved in matters unrelated to respondent - Difference between incident report and account given in meeting - Dismissed for breaching rules and policies against leaving post without permission, making incomplete report, committing assault and touching children - Aware of rules - Fair investigation process - Open to conclude conduct sufficiently serious to warrant summary dismissal - Conduct may have been condoned by others as actions of public spirited citizen but as employee subject to rules - Dismissal justified - Loss prevention officer |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Chief Executive of the Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174;NZ Crippled Children's Society Inc v van der Molen unreported, Palmer J, 21 August 1992, CEC 36/92;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139 |
| Number of Pages | 9 |
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