| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 110/07 |
| Hearing date | 20 Jul 2007 |
| Determination date | 12 September 2007 |
| Member | H Doyle |
| Representation | M Schouten (in person) ; New Zealand Ruby Rock Ltd (by telephone link) |
| Location | Hokitika |
| Parties | Schouten v New Zealand Ruby Rock Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed for alleged dishonesty in money matters - Respondent claimed applicant increased her hourly rate without permission - Respondent confronted applicant and required her to leave immediately - Applicant had no control of account used to pay wages - No investigation and no opportunity to explain - Applicant kept careful records - Proper investigation would not have found applicant to be dishonest - Not open to fair and reasonable employer to conclude misconduct - Further allegation advanced by respondent that applicant played computer games and met family at work did not justify dismissal - Dismissal unjustified - Remedies - Applicant’s existing health condition aggravated as result of dismissal - Limited ability to look for full time work - Lost wages limited to three months - Employment initially subsidised by job start subsidy |
| Result | Application granted ; Reimbursement of lost wages ($6,760) ; Compensation for humiliation etc ($10,000) ; Holiday pay ($663.12) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand v Hudson [2006] 1 ERNZ 415 |
| Number of Pages | 9 |
| PDF File Link: | ca 110_07.pdf [pdf 40 KB] |