| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 92/08 |
| Hearing date | 12 Feb 2008 - 29 Feb 2008 (2 days) |
| Determination date | 17 March 2008 |
| Member | L Robinson |
| Representation | J Duckworth ; R Steel |
| Location | Auckland |
| Parties | Henry v The Chief Executive of the Manukau Institute of Technology |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant summarily dismissed following investigation into cash handling procedures – Respondent became concerned when electronic till records did not record particular cash payment – Second discrepancy discovered next day – Respondent manager concluded enquiries needed to be made of applicant and cash handling procedures – Applicant told would be suspended while investigation carried out into discrepancies regarding two transactions – Authority found no actual predetermination although letter calling applicant to disciplinary meeting suggested predetermination – Authority found applicant’s recall of evidence less certain than other witnesses – Manager interviewed tutors and students before concluding applicant be dismissed – Applicant denied any wrongdoing – Applicant not dismissed for theft but for not being sufficiently conscientious and transparent in cash handling – Authority found applicant’s failure to examine documents provided by respondent made own evidence unfocused – Two discrepancies where client appointment and sale deleted from computer system – Respondent argued found it strange amounts deleted the same – Applicant argued when replaced at lunch records could have been deleted – Respondent argued tutors and students did not possess proficiency to delete records – Authority found inference reasonable that applicant only person proficient to delete sale entry – Authority found suspicious two deletions made and situation unlikely to be coincidence – Found reasonable inference that deletions made with nefarious intent – Found sound for respondent to conclude applicant appropriated money or covering up lack of care by deleting records – Summary dismissal justified – School receptionist |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 13 |
| PDF File Link: | aa 92_08.pdf [pdf 45 KB] |