| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 212/01 |
| Determination date | 11 December 2001 |
| Member | J Wilson |
| Representation | Carter in person ; M Morrison |
| Location | Auckland |
| Parties | Carter v Merchant Tiles |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Theft - Money missing from cash box - Applicant only person with key - Had indicated intention of taking girlfriend out for dinner - Accused of taking the money - Told to return it by next morning - Complaint lodged with police - Advised of outstanding charges - Failed to return to work for 2 days - Absence due to personal problems and anger over accusations - Dismissed due to lack of contact - Informed over telephone that employment terminated - No opportunity to refute allegation or explain conduct - Other alternatives such as changing locks available - Minimum requirements of fair and full inquiry not met - Dismissal unjustified - Contributory conduct reduced remedies to nil |
| Result | Application granted ; Contributory conduct reduced remedies to nil ; No order for costs |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |