| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 59/07 |
| Hearing date | 28 Nov 2006 |
| Determination date | 26 April 2007 |
| Member | P R Stapp |
| Representation | S Mitchell ; G Malone |
| Location | Napier |
| Parties | Nepia & Anor v AFFCO New Zealand Ltd |
| Other Parties | Morunga |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicants accused of unauthorised possession and distribution of company product - Respondent conducted investigation into theft of meat - Respondent identified significant theft occurring at its freezing works - Installed cameras and hired private investigator - Confidential informants told respondent applicants were thieves" - Applicants told of general allegation at meeting - Handed prepared suspension notice which included allegations - After further meeting applicants dismissed - Applicants denied stealing - Respondent relied on informants' evidence and applicants' failure to make comment or deny allegations - Claimed treated unfairly on basis allegation was a rumour and not given specific evidence or details of allegations - No issue arose about right to used informants in exceptional circumstances so long as acted fairly - Respondent relied on informants' information without giving particulars and details of incidents to applicants - Unable to satisfy responsibility to produce evidence of wrong-doing to match seriousness of allegation - Erred in failing to inform applicants of findings or give opportunity for input on penalty - Fair and reasonable employer would have given applicants notice adverse view would be taken if did not comment on allegations - Paucity of information meant applicants had nothing to comment on - Not sufficient for respondent to rest its decision on failure to comment - Dismissals unjustified - Remedies - Unable to determine whether applicants involved in stealing - No contributory conduct - Reinstatement of first applicant ordered - Boners" |
| Result | Application granted ; Reinstatement ordered (RN) ; Reimbursement of lost wages (4 months)(Quantum to be determined)(RN) ; (3 months)(Quantum to be determined)(SM) ; Compensation for humiliation etc ($8,000)(RN, SM) ; Leave reserved to return to Authority on calculation of lost wages ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | wa 59_07.pdf [pdf 35 KB] |