| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 170/07 |
| Hearing date | 18 Jan 2007 |
| Determination date | 12 June 2007 |
| Member | R A Monaghan |
| Representation | T Kurta ; G Service |
| Location | Auckland |
| Parties | Roushan v Sony New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant's insurance company approached respondent after applicant made claim - Respondent compared invoices applicant presented to insurance company with originals - Purchaser details and values differed - Dismissed applicant for falsifying invoices - Applicant explained owned items but had not kept receipts and asked another employee JK" for replacements - Apologised for providing invoices to insurance company - Applicant not shown invoices at meeting - Respondent did not speak to JK, but searched email and found messages between JK and applicant regarding invoices - Drew inferences adverse to applicant from exchange - Respondent concluded while applicant had not changed documents himself had knowingly submitted them to insurance company - Summarily dismissed, but paid four weeks pay to assist financial position - Respondent's investigation not sufficient to support dismissal - Erred by putting allegation invoices "falsified" to applicant - Should have sought explanation for unauthorised replacements and differences in detail - Although applicant admitted submitting falsified invoices Authority questioned how far admissions could be taken - Although applicant's behaviour did not assist investigation, not sufficient to overcome shortcomings in respondent's investigation - Dismissal unjustified - Remedies - Contributory conduct - Parties to determine quantum of "variable component" of applicant's remuneration package to be reimbursed in addition to four weeks lost wages - Technician" |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for lost benefit (Healthcare allowance)($47.23) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 11 |
| PDF File Link: | aa 170_07.pdf [pdf 44 KB] |