| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 40A/04 |
| Hearing date | 11 Nov 2003 |
| Determination date | 10 May 2004 |
| Member | J Wilson |
| Representation | T Wotherspoon ; P Kotze |
| Location | Auckland |
| Parties | Legge v Tyburn Holdings Ltd t/a Club Westside |
| Summary | UNJUSTIFIED DISMISSAL - Supplementary determination - Serious misconduct - Alleged theft - Dismissed after failure to follow cash-handling procedures - Discrepancies in takings - Dismissed via trespass notice - No disciplinary investigation undertaken - Dismissal not fair and reasonable - Dismissal unjustified - Contributory conduct - Respondent's closed mind gave rise to grievance not applicant's alleged misconduct - Identity of employer - Applicant employed by company not individual director - Compensation and reimbursment of lost wages awarded in previous determination - COSTS - Reasonable contribution appropriate - PRACTICE AND PROCEDURE - Application for stay of proceedings - Matter to be challenged to Employment Court by respondent - Parties agreed to stay of proceedings - Stay of proceedings granted subject to respondent paying remedies into Court account |
| Result | Application granted ; Orders accordingly ; Costs in favour of applicant ($1,500) |
| Statutes | ERA s124 |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |