| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 165/07 |
| Hearing date | 20 Mar 2007 |
| Determination date | 06 June 2007 |
| Member | M Urlich |
| Representation | K Single ; H Russ |
| Location | Auckland |
| Parties | France v Robyn Cosmos t/a Sabotage |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - No written employment agreement - If applicant's role had been clearly set out then her assumptions about it could have been corrected at early stage - Applicant suspended pending disciplinary meeting - Only told matter was serious and lawyer would be present - Respondent had introduced new cash handling procedures after takings went missing - Staff advised failure to follow procedures would result in warning - Applicant did not sign to acknowledge document as required - Respondent aware applicant not following new procedures - Suspended following discovery of further till imbalance - Applicant should have had opportunity to comment before serious sanction imposed - Suspension unjustified - Thirteen disciplinary allegations put to applicant, including not following store policies and theft - Characterised as serious misconduct - Dismissed following disciplinary meeting - Allegations of theft and four others not upheld but respondent convinced applicant's personality meant would not follow new processes - New processes not discussed with applicant and no warning issued to her as indicated when procedures implemented - No evidence applicant made unequivocal statement would not follow procedures - Most unusual if expression of personality during disciplinary investigation justified decision to dismiss - No specific examples put to applicant - Allegations so unformed applicant not in fair position to give reasoned response - Failure to detail whether cumulative or individual failures to follow procedures amounted to serious misconduct further flaw in process - Dismissal unjustified - Remedies - Authority not satisfied applicant took steps to mitigate loss - Store manager |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined)(One month) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s103A |
| Number of Pages | 10 |
| PDF File Link: | aa 165_07.pdf [pdf 36 KB] |