| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 308/05 |
| Hearing date | 26 Apr 2005 - 8 Jun 2005 (4 days) |
| Determination date | 16 August 2005 |
| Member | J Scott |
| Representation | G Stone ; M Broadbelt |
| Location | Auckland |
| Parties | Taogaga v The Onehunga Working Men's Club (a friendly society) |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Annual audit of accounts revealed club float was short - Further discrepancies revealed - Cheques unaccounted for - Applicant did not report numerous discrepancies to President - Overall respondent carried out thorough and fair investigation - Dismissal open to respondent - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Suspension - No opportunity to comment - Should have attempted to contact applicant - However, applicant deliberately absented herself from the workplace on that day in knowledge of fact she had been requested to attend meeting regarding investigations - No remedies - Credibility finding in favour of respondent - Club Secretary |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Costs reserved |
| Statutes | Friendly Societies and Credit Unions Act 1982;Trustees Act 1956 s29 |
| Cases Cited | Auckland Local Authorities Officers IUOW v Northcote Borough Council [1989] 2 NZILR 67;Birss v Secretary of Justice [1984] 1 NZLR 513;NZ etc Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;The Warehouse Ltd v Cooper [2000] 2 ERNZ 351;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 13 |
| PDF File Link: | aa 308_05.pdf [pdf 80 KB] |