| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 34/08 |
| Hearing date | 5 Feb 2008 |
| Determination date | 07 February 2008 |
| Member | L Robinson |
| Representation | D Cowan ; P Tremewan |
| Location | Auckland |
| Parties | Stott v Redvale Canine Centre Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant falsely reported dog scheduled for vet check as euthanased - Respondent alleged informed of allegation by another employee (“W”) - Respondent called disciplinary meeting with applicant to discuss allegation of theft of dog - Also alleged theft of dog food - Applicant initially denied then admitted allegations and asked for forgiveness - Respondent considered previous record of misconduct and warnings - Applicant dismissed after meeting - Respondent’s evidence preferred - Respondent justified in concluding applicant failed to follow procedures and deliberately falsified records - However, respondent had insufficient evidence of applicant misappropriating company property to justify summary dismissal - Respondent’s notes taken at interview with W did not disclose evidence of theft - Allegation of loss of trust and confidence must be objectively sustainable - Authority found surrounding performance issues peripheral - Summary dismissal unjustified - Applicant’s arguments founded on residential tenancy agreement not founded on employment relationship therefore not within Authority’s exclusive jurisdiction - Remedies - Applicant’s actions wholly causative of situation - 100 percent contributory conduct - No remedies appropriate - Kennel Manager |
| Result | Application granted ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;Residential Tenancies Act 1986 |
| Number of Pages | 7 |
| PDF File Link: | aa 34_08.pdf [pdf 29 KB] |