| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 209/06 |
| Hearing date | 15 May 2006 - 17 May 2006 (2 days) |
| Determination date | 21 June 2006 |
| Member | A Dumbleton |
| Representation | D Fleming ; S Audeau |
| Location | Auckland |
| Parties | Schueber v General Distributors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Alleged applicant removed camera from secure stock room and handed to another employee who put in trolley but did not pay for it - Another employee reported seeing this occur - Applicant said she took camera but immediately returned after showing it to somebody - Camera found to be missing from stock - Respondent reasonably rejected explanation based on information gained through inquiry and camera surveillance of incident - No unfairness in not providing applicant copies of notes and statements from other employee witness - Reasonable employer would have believed co-worker's sighting of incident, as respondent did - Respondent further concluded applicant lied during enquiry but failed to allege dishonesty in that regard against her - Failure to give applicant opportunity to answer allegation of lying - Collective employment agreement specified applicant be given opportunity to have allegations described and opportunity to give explanation - Fair and reasonable employer would not have dismissed applicant without putting her on notice her explanation was disbelieved - Unjustified dismissal - Remedies - Applicant contributed to grievance by making untrue statement and having unauthorised possession of camera - Contribution so major and causative of grievance that no remedies awarded - Length of service ten years - Supermarket worker |
| Result | Application granted ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | Alofa v Aotea Centre Board of Management unreported, Travis J, 30 July 2001, AC 50/01;Reckitt and Colman (NZ) Limited unreported, Travis J, 14 July 1995, AEC 25B/95 |
| Number of Pages | 8 |
| PDF File Link: | aa 209_06.pdf [pdf 98 KB] |