| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 378/04 |
| Hearing date | 13 Sep 2004 |
| Determination date | 23 November 2004 |
| Member | K J Anderson |
| Representation | D Bruce ; R White |
| Location | Auckland |
| Parties | Singh v Sherildee Holdings Ltd t/a New World Opotiki |
| Summary | UNJUSTIFIED DISADVANTAGE - Warning for failure to work weekend shift and falsification of timesheet - Subsequent failure to secure incoming goods according to policy - Suspended pending investigation - No provision in employment agreement for suspension without pay - Failure to consult - Unjustified suspension - UNJUSTIFIED DISMISSAL - Misconduct - Not fair to take previous incidents of sexual harassment and failure to adhere to company rules into account except recent falsification of timesheet - Falsification not justification for dismissal given decision at time to only issue warning - Failure to secure goods dismissable offence under employment agreement - Matter properly put to applicant for explanation - Investigation adequate - Decision to dismiss open to fair and reasonable employer - REMEDIES - Entitled to wages for period of suspension - Compensation for humiliation not appropriate given applicant unconcerned by suspension - COSTS - Order for costs not appropriate as respondent represented himself - Produce manager |
| Result | Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Arrears of wages (Quantum to be determined by parties)(3.5 days) ; No order for costs |
| Statutes | ERA s103(1)(b);ERA s123(c)(i) |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZLR 549;Ruffell v Women's Refuge Sexual Assault Resource Centre Marlborough [2002] 1 ERNZ 409 |
| Number of Pages | 7 |
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