| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 128/05 |
| Hearing date | 7 Jul 2005 |
| Determination date | 03 August 2005 |
| Member | D Asher |
| Representation | P Cranney ; H Kynaston |
| Location | Wellington |
| Parties | Tararo v Toll NZ Consolidated Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant summarily dismissed for theft - Ferry passenger told respondent she observed applicant stealing from till - Allegation that he had rung on only big orders but not small orders - Applicant alleged he had placed money in pocket to exchange for coins - Evidence in support of dismissal for serious charge had to be as convincing as charge was grave - Till records supported applicant's account over passenger's complaint - Fair employer could not conclude serious misconduct had occurred without giving till record sufficient scrutiny and without giving applicant opportunity to make submissions in respect of till record - Inadequate investigation - Dismissal unjustified - Barman/cashier |
| Result | Application granted ; Reinstatement ordered ; Parties directed to mediation to facilitate reinstatement ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation ($15,000) ; Costs reserved |
| Statutes | ERA s124;ERA s125;ERA s159 |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air New Zealand Ltd [1990] 3 NZLR 549;NZ (with exceptions) Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 13 |
| PDF File Link: | wa 128_05.pdf [pdf 53 KB] |