| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 42/05 |
| Hearing date | 2 Mar 2005 |
| Determination date | 01 April 2005 |
| Member | P Cheyne |
| Representation | PC Butler ; C Patterson |
| Location | Christchurch |
| Parties | Moyle v SGS New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent provided manual wool testing for clients - Applicant's brother (JM") engaged as coring agent for testing wool samples - Private investigator engaged by respondent saw applicant rather than JM providing coring services - JM's signature on relevant cards and JM received payment for work done - Applicant suspended on full pay and not provided with information about allegation when requested - At disciplinary meeting applicant explained he had helped out coring agents for 18 years - Summarily dismissed for defrauding respondent - Applicant not given real opportunity to address suspension - Manager had fixed mind about nature of actions - Fraud was deception for financial or personal gain - Respondent's investigation disclosed JM derived financial gain but did not disclose evidence for believing applicant had engaged in deception - Respondent told by branch staff about long-standing practice of holding pre-signed cards as administrative convenience - All respondent could have concluded was that applicant had been, without deception, providing more assistance to coring agent than manager thought was appropriate - No misconduct - Dismissal unjustified - Remedies - No contributory conduct - Reinstatement ordered - Reimbursement of lost wages from date of dismissal until work recommenced - Psychiatric evidence that applicant's distressed state and symptoms indicated major depressive illness - Compensation for humiliation etc $20,000 - Counterclaim dismissed - Branch manager" |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ; Compensation for humiliation etc ($20,000) ; Counterclaim dismissed ; Costs reserved |
| Cases Cited | Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23 ; [1991] 1 NZLR 392;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 8 |
| PDF File Link: | ca 42_05.pdf [pdf 38 KB] |