| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 3/02 |
| Determination date | 16 January 2002 |
| Member | P R Stapp |
| Representation | J Wright ; K Stretton |
| Location | Tauranga |
| Parties | Finuciane v Impact Fibreglass Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Theft - Accused of unauthorised possession of company property - Placed property in car to be taken home - Alleged received permission to work from home - Suspended pending outcome of investigation - Informed of common knowledge that applicant took product home - Dismissed at disciplinary meeting - Suspicions of other staff not put to applicant - Could not have formed honest belief that possession unauthorised - Prejudicial bias - Decision based on unfounded suspicions - No opportunity to comment or be represented prior to suspension - Not informed of possibility of dismissal - Dismissal unjustified and procedurally unfair - Laminator |
| Result | Application granted ; Reimbursement of lost wages ($7,540)(3 months) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |