| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 127/05 |
| Hearing date | 3 May 2005 - 9 Jun 2005 (3 days) |
| Determination date | 01 August 2005 |
| Member | P R Stapp |
| Representation | P McBride ; M Brewer |
| Location | Wellington |
| Parties | Monk v New Zealand Lotteries Commission |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Serious misconduct - Mileage allowance paid for shift work but no written policy - Applicant dismissed for claiming mileage allowance not entitled to, collaborating with another employee to claim mileage allowance, personal use of internet during work time and loss of respondent's trust and confidence - Loss of trust and confidence allegation came about when applicant sought during disciplinary process to defend herself by alleging Chief Technology Officer had been under influence of alcohol, so as to explain their different recollections of particular conversation - Disparity of treatment in relation to another employee on mileage allowance issue - Entitlement to claim mileage allowance subject of dispute given that custom and practice applied and was no written policy - Fair and reasonable employer could not have come to honestly held belief that applicant deliberately claimed mileage allowance she was not entitled to - Some doubt applicant knew of internet policy and personal use of internet had been condoned previously - Applicant had cast doubt on results of computer use enquiry - Fair and reasonable employer could not have relied upon conclusion that applicant's use of internet exceeded tolerated personal use - Applicant entitled to defend herself against allegations made during disciplinary process - Suspended without procedural fairness and dismissal unjustified - Computer operator |
| Result | Application granted ; Reimbursement of lost wages ($19,918,76)(18 weeks) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Number of Pages | 10 |
| PDF File Link: | wa 127_05.pdf [pdf 47 KB] |