| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 369/04 |
| Hearing date | 30 Sep 2004 |
| Determination date | 15 November 2004 |
| Member | M Urlich |
| Representation | A Wills ; D Lomas |
| Location | Auckland |
| Parties | Tamahori v Love Clothing Ltd t/a H D Tightrope |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Unfavourable mystery shopper review - Alleged threatening comments against store - Respondent's manager complained to police and issued trespass notice against applicant - Alleged theft relating to staff purchases from store - Suspended on pay pending outcome of disciplinary meeting - At meeting applicant tabled statement she made to police - Respondent did not read statement - Dismissed - Failure to consider applicant's response to allegations - No full and fair inquiry - No reasonable grounds upon which to decide alleged conduct amounted to serious misconduct warranting dismissal - Dismissal unjustified - No opportunity to comment on proposed suspension - Failure amounted to breach of obligations respondent owed - Store manager |
| Result | Application granted ; Reimbursement of lost wages (1 month and 22 days) ; Compensation for humiliation, etc ($3,000) ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549 |
| Number of Pages | 4 |
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