| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 306/07 |
| Hearing date | 2 Oct 2007 |
| Determination date | 03 October 2007 |
| Member | L Robinson |
| Representation | J Hall (in person) ; no appearance |
| Location | Auckland |
| Parties | Hall v Finlay & Associates Ltd t/a Bobby's |
| Summary | UNJUSTIFED DISMISSAL – Misconduct - No appearance by respondent – Applicant worked to supplement benefit – Worked 14 hours per week and paid $80 gross per week, the upper limit before domestic purposes benefit would abate – Applicant noticed shortfall in float and recorded deficit – Respondent subsequently visited her at home and claimed video footage showed she took missing money – Applicant alleged dismissed at this time – Viewed surveillance footage and denied it showed her taking money, but claimed respondent said as money still missing she was still dismissed – Applicant raised personal grievance and sought further information from respondent – During subsequent exchange respondent denied applicant dismissed – Claimed only suspended while matter investigated, although conclusion was now dismissal – Applicant dismissed when visited by respondent – What followed was attempt by respondent to revise history - Complete absence of fair process – Dismissal so unfair respondent not entitled to honestly believe applicant stole money – Dismissal unjustified – Bar manager |
| Result | Application granted ; Reimbursement of lost wages ($800)(10 weeks) ; Compensation for humiliation etc ($8,000) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | aa 306_07.pdf [pdf 32 KB] |