| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 154/05 |
| Hearing date | 13 Sep 2005 |
| Determination date | 07 December 2005 |
| Member | J Crichton |
| Representation | D Beck ; T McGinn |
| Location | Christchurch |
| Parties | Thomson v Blacks Fasteners Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Theft or failing to account for monies - Video camera recorded applicant removing money from till - Asked to attend meeting and suspended by letter - Disciplinary meeting was a real shambles" - Much of responsibility for dysfunctional meeting lay with applicant - Not fair and equitable to blame respondent - Applicant alleged was taking money only in accordance with duties - Applicant given fair opportunity to explain himself - Respondent sat in different room with private investigator as go-between - Adequate notice of nature of allegations given - Respondent's discussion with other staff members not put to applicant - Entitled to know about discussions - Deficit not such as to invalidate process - Applicant not given opportunity to comment on penalty - Not persuaded any comment by applicant would have changed respondent's view - Breach technical in nature and not substantial enough to destabilize respondent's process - Respondent entitled to reach conclusion that applicant guilty of serious misconduct by reason of his inability to explain to respondent's satisfaction what became of the money he took from till - No unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Suspension - On balance, decision to suspend where apprehension of theft was understandable - Whether procedurally fair - No more than technical breach - Absence of significant hurt, humiliation and injury to feelings - No unjustified disadvantage - Administrative assistant" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Wellington Road Transport etc IUOW v Fletcher Construction Co Ltd [1982] ACJ 653 |
| Number of Pages | 10 |
| PDF File Link: | ca 154_05.pdf [pdf 58 KB] |