| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 242/04 |
| Hearing date | 7 Jul 2004 |
| Determination date | 29 July 2004 |
| Member | K Raureti |
| Representation | W Gray (in person) ; R Doyle |
| Location | Auckland |
| Parties | Gray v Praxis Cafe Restaurant Bar Ltd t/a Praxis Takapuna"" |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Respondent alleged applicant dismissed for stealing money - Applicant alleged placed money found in pocket with intention of returning it - Did not return money over next two working days - Told director he had money only when director told him money was missing - Returned money following day - Dismissed eight days later - Investigation took longer than necessary - Given seriousness of matter advisable to have confirmed allegation and procedure for summary dismissal in writing - Satisfied applicant aware of seriousness of matter and possible consequences - Procedural defects not so serious as to make dismissal unjustified - Dismissal justified - Senior Sou Chef |
| Result | Application dismissed ; Costs to lie where they fall |
| Cases Cited | Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;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;The Warehouse Ltd v Cooper [2000] 2 ERNZ 351 |
| Number of Pages | 5 |
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