Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 88/02
Hearing date 18 Dec 2001 - 20 Dec 2001 (3 days)
Determination date 02 April 2002
Member D King
Representation P Pa'u ; S Wilson
Location Auckland
Parties Tafea v Sky City Auckland Ltd
Summary UNJUSTIFIED DISMISSAL - Serious misconduct - Money from daily takings and paperwork missing - Investigation undertaken - Applicant and co-worker interviewed - Alleged threatened by interviewer - Not given opportunity for representation - Familiar with disciplinary process - Credibility - Respondent's evidence preferred - No evidence of intimidation - Entitled to conclude discrepancy between actual takings and amount of money banked - Investigation full and fair - Dismissal justified - Parking attendant
Result Application dismissed ; Costs reserved
Cases Cited Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Phipps v New Zealand Fishing Industry Board [1996] 1 ERNZ 195;Wellington Road Transport etc IUOW v Fletcher Construction Co Ltd (re Hepi) [1983] ACJ 653
Number of Pages 5
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