| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 13/02 |
| Determination date | 15 February 2002 |
| Member | P Cheyne |
| Representation | R Davidson ; A Sheriff |
| Location | Christchurch |
| Parties | Palmer v R Hannah & Co |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Failure to follow correct cash handling procedure - Unusually high rate of refunds and product returns - Audit of office - Identified suspicious transactions - Complaint laid with police - Failed to follow documented returns procedure - Not enough to show act could be serious misconduct - Must impair basic trust and confidence - Employees and manager had practice of not following procedure - Did not allow for possibility breach might be innocent - Failed to disclose customer's statement - No opportunity to properly refute identification by customer - No opportunity to seek advice or representation - Not advised of possibility of dismissal - Dismissal substantively and procedurally unjustified - Significant contributory conduct - 75 percent reduction in remedies appropriate - Sales assistant |
| Result | Application granted ; Reimbursement of lost wages ($3,400 reduced to $850) ; Compensation for humiliation etc ($3,000 reduced to $750) ; Costs reserved |
| Cases Cited | Sloggett v Taranaki Health Care Ltd [1995] 1 ERNZ 553;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |