| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 109/07 |
| Hearing date | 16 Apr 2007 |
| Determination date | 16 April 2007 |
| Member | L Robinson |
| Representation | G Norton ; G Steele |
| Location | Auckland |
| Parties | Mudge v Botany Plastics Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed for theft - Applicant's evidence preferred - Invited to meeting without warning and told dismissed - Applicant asked why and told theft traced to her - When denied claim, respondent threatened to call police - Applicant made to write confession dictated by respondent - Applicant invoiced for amount outstanding and told to pay within three months or charges would be laid - Minimum requirements of procedural fairness not met - No convincing evidence of serious misconduct to justify summary dismissal - Applicant young - Real risk intimidated - Unsafe to rely on confession, investigation and conclusion of serious misconduct - Not actions of fair and reasonable employer - Dismissal unjustified - ARREARS OF WAGES - Respondent withheld severance pay to offset amount allegedly stolen - Arrears due and owing - Sales assistant |
| Result | Application granted ; Reimbursement of lost wages ($5,381.32) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($406.29) |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 109_07.pdf [pdf 25 KB] |