| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 379/04 |
| Hearing date | 9 Sep 2004 |
| Determination date | 23 November 2004 |
| Member | D King |
| Representation | G Pollak ; R Harrison |
| Location | Auckland |
| Parties | Eisenhut v Spotless Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to follow correct cash handling procedures - Notification of disciplinary meeting - Alleged applicant subsequently harassed and intimidated co-worker and attempted to arrange boycott of shop - Dismissed immediately after disciplinary meeting - No notification that allegations of intimidation and boycott to be dealt with at meeting - No attempt to interview third co-worker - Inadequate details of banking provided - No further investigation despite denials at meeting - Investigation insufficient to justify conclusion that applicant intimidated co-worker or incited boycott - Disparity of treatment - Breach of cash handling procedure admitted - No disciplinary action taken against co-worker also involved in breach - Real reason for dismissal was belief that applicant had been dishonest - Allegation of dishonesty not put to applicant - Dismissal unjustified - REMEDIES - Given real reason for dismissal no contributory conduct |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties)(3 months) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Statutes | ERA s40(1)(c)(i) |
| Number of Pages | 4 |
| PDF File Link: | aa 379_04.pdf [pdf 25 KB] |