| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 100/07 |
| Hearing date | 20 Mar 2007 |
| Determination date | 19 July 2007 |
| Member | P R Stapp |
| Representation | S Webster ; A Drake |
| Location | Napier |
| Parties | Corps v AFFCO New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent concerned about applicant's use of new inventory system - Applicant suspended while it investigated further - Applicant admitted deleting stock as had problems with new system - Respondent considered ongoing theft investigation impeded and inventory corrupted - Applicant dismissed for failing to follow company policy or act with reasonable care - Suspension unfair as applicant had no input into the decision and not on notice - Respondent unable to justify decision to dismiss for serious misconduct as applicant provided explanation that underlying performance issues existed in relation to operation of inventory system and respondent acknowledged problems with system - Fair and reasonable employer would not have dismissed applicant in circumstances, it was performance matter and should have been dealt with accordingly - Also, respondents procedure unfair and breached its HR manual, undermining its attempt to justify actions - Dismissal unjustified - Remedies - Applicant claimed dismissed so respondent could avoid paying redundancy compensation - Uncertainty meant Authority could not compensate him for loss of this potential benefit - Applicant gave evidence did not trust employers to work for one again, and had since become self employed - Inventory Controller |
| Result | Application granted ; Reimbursement of lost wages ($27,796)(6 months) ; Compensation for humiliation etc ($18,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23 (CA);Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 11 |
| PDF File Link: | wa 100_07.pdf [pdf 49 KB] |