| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 280/04 |
| Hearing date | 31 Aug 2004 |
| Determination date | 03 September 2004 |
| Member | A Dumbleton |
| Representation | D Fleming ; S Langton |
| Location | Auckland |
| Parties | Fonoti v General Distributors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant breached rules of Staff Discount Scheme - Scheme allowed participating employees discounted groceries - Discounts required special card issued in employee's name which was not transferable - Applicant lent card to fellow employee in breach of rules - Dismissed - Applicant alleged had done nothing wrong since fellow employee also member of scheme - Applicant more senior staff member and had position of responsibility - Respondent alleged applicant dishonest when asked what happened - Applicant encouraged fellow employee to use her card - Dismissal option open to respondent - Entitled to view misconduct as serious - Applicant knew rules of scheme but deliberately broke them - Reasonable to view conduct as damaging relationship of trust and confidence - Dismissal may have been unjustified if employer made decision to dismiss in ignorance of options other than dismissal - Not such a case here - Thorough inquiry - Dismissal justified - COSTS - Respondent incurred actual costs of at least $14,000 - Entitled to reasonable contribution - Checkout supervisor |
| Result | Application dismissed ; Costs in favour of respondent ($1,850) |
| Statutes | ERA Schedule 2 cl15 |
| Cases Cited | BP Oil v Northern Distribution Union [1992] 3 ERNZ 483;North Island Wholesale Groceries Ltd v Hewin [1982] NZLR 176;Tasman Pulp & Paper Co Ltd v Hei Hei [2000] 1 ERNZ 306 |
| Number of Pages | 6 |
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