| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 366/05 |
| Hearing date | 27 Jul 2005 - 28 Jul 2005 (2 days) |
| Determination date | 19 September 2005 |
| Member | M Urlich |
| Representation | M Coughlan ; A Caisley |
| Location | Auckland |
| Parties | Madsen v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant found five casino chips in freight wagon - Presented casino chips at casino to see whether they were worth anything - Arrested on charge of theft of finding for which was later discharged without conviction - Dismissed for serious misconduct of removing customer property from respondent's premises - Applicant alleged he did not hand chips in because he believed they were rubbish and policy on found items unclear - Open to respondent to reject applicant's explanation given his deliberate steps to visit casino to assess value of chips - Open to respondent to conclude he had taken chips to casino with a view to cashing them in for personal gain - No written policy regarding property found on ramp area - Authority did not accept there was any confusion about policy which contributed to applicant's decision to remove chips - Fair and reasonable investigation - No disparity of treatment - Decision to dismiss one open to respondent - Baggage handler |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Samu v Air New Zealand [1995] 1 ERNZ 636 |
| Number of Pages | 6 |
| PDF File Link: | aa 366_05.pdf [pdf 37 KB] |