| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 294/05 |
| Hearing date | 25 May 2005 |
| Determination date | 03 August 2005 |
| Member | Y S Oldfield |
| Representation | S Henderson ; N Dines |
| Location | Auckland |
| Parties | Quintal v Restaurant Brands Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Free item code was used in applicant's store at very high levels long after the promotion to which it related had ended - After two meetings applicant was dismissed - Applicant denied using the free item code and alleged she was at the rear of the shop doing stocktake at the time - Alleged someone else must have used her pass code and entered free item codes on till system - (Applicant was aware that it was prohibited to disclose her pass code to any other person) - Procedurally fair - Though applicant not specifically told first meeting was disciplinary in nature and given no advance warnings about specific allegations not a fatal flaw since respondent did not proceed to dismiss her on basis of that initial response - By end of first meeting applicant knew job was on the line - Applicant alleged investigation flawed since the crew member who had the computer codes was not interviewed - Did not fatally flaw investigation - Reasonable for respondent to dismiss possibility that someone entered store and rang items on - Even if that happened applicant should have not made codes available to other person - Also it remained that applicant failed to supervise her cash register and failed to ensure that the appropriate discounts were being applied - Open to employer to conclude that there had been serious misconduct - Store manager |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 294_05.pdf [pdf 32 KB] |