| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 77/04 |
| Hearing date | 6 Apr 2004 |
| Determination date | 16 July 2004 |
| Member | P Montgomery |
| Representation | K Owen ; K Burson |
| Location | Christchurch |
| Parties | Powis v CRQ Ltd t/a Miss Q's Christchurch |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged theft by failure to charge customers - Informed of disciplinary meeting concerning insubordination - Whether applicant denied allegations of theft - Information captured on security camera - Whether applicant requested copies of footage - Failure to provide information prevented applicant providing further explanation to allegations - Failure to provide theft allegations before meeting had effect on choice of representative - Failure to suspend applicant left impression matter would not result in dismissal - Insufficient grounds to dismiss - Dismissal unjustified - Bar person |
| Result | Application granted : Reimbursement of lost wages ($2,250)(12 weeks) ; Compensation for humiliation etc ($2,800) ; Costs reserved |
| Cases Cited | BP Oil NZ Ltd v Northern Distribution Workers Union [1989] 3 NZLR 580;NZ Food Processing IOUW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |