| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 83/07 |
| Hearing date | 27 Feb 2007 - 28 Feb 2007 (2 days) |
| Determination date | 24 May 2007 |
| Member | G J Wood |
| Representation | C Clarkson & B Webby ; S Langton & A Clements |
| Location | Napier |
| Parties | Corneal v General Distributors Ltd t/a Woolworths at Gull |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Misconduct - Applicant alleged required stress leave as result of manager's actions - Applicant felt picked on, but manager simply trying to ensure high standards met - Meeting arranged to work on parties' relationship - Any potential grievances applicant may have had at time in effect resolved - Issues over staffing and reporting - Applicant put in extra hours, to detriment of health, but negative impact on profitability - Disciplinary investigation begun but applicant went on sick leave and meeting delayed - Raised issue of stress and respondent sought further medical information - While on sick leave occasionally attended work - Respondent discovered money missing - Next day, applicant rang to say had money and forgot to bank it - Suspended and disciplinary meeting scheduled - Applicant alleged bullying and discrimination, and claimed this explained respondent's concerns - Respondent indicated would proceed with disciplinary investigation and if applicant wished only to deal with issues by correspondence could miss opportunity to explain - Stated would investigate applicant's complaints separately, and added new allegation applicant took stock without paying - Applicant denied allegations and declined to provide further details of her complaints as requested - Respondent concluded applicant negligent, breached company policy and actions serious misconduct - Applicant's diabetes most likely explanation for times failed to remember to things as required, especially as combined with depression - Not inherently unfair for employer to closely manage staff - Applicant not treated unfairly in relation to stress, and not victim of bullying or discrimination - Summary dismissal for misplacing money substantively justified - Stock issue provided further reason for loss of trust and confidence - Applicant chose not to be involved in disciplinary process - Respondent entitled to carry through its disciplinary procedures and could not be held responsible for failure to have all relevant material before it - Dismissal justified - No unjustified disadvantage - ARREARS OF WAGES - RECOVERY OF MONIES - Applicant went to work while on sick leave - While respondent provided cover for applicant and possible she did not work full shift, refusal to pay did not reflect well on it - Applicant entitled to five days pay - Arrears to be offset against speeding fines incurred by applicant - Balance to be paid to appropriate party - BREACH OF CONTRACT - Respondent concerned abut state applicant's uniform returned in - Applicant not required to pay for new uniform - Counterclaim dismissed - Manager |
| Result | Application dismissed (Personal grievance) ; Application granted (Arrears of wages, recovery of monies) ; Counterclaim dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Chief Executive of the Department of Inland Revenue v Buchanan and Anor (2005) 2;NZELR 693 ; [2005] 1 ERNZ 767;Housham v Juken New Zealand Ltd [2007] ERNZ 183;Managh (t/a Managh & Associates and Caf� Down Under Ltd) v Wallington [1998] 2;ERNZ 337;X v Auckland District Health Board [2007] ERNZ 66;Zendel Consumer Products Ltd v Henderson [1992] 2 ERNZ 377 |
| Number of Pages | 13 |
| PDF File Link: | wa 83_07.pdf [pdf 48 KB] |