| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 90/02 |
| Hearing date | 11 Mar 2002 |
| Determination date | 03 April 2002 |
| Member | D King |
| Representation | A Flexman ; D Poland |
| Location | Auckland |
| Parties | Robertson v Poland Motors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Allegations of fraud - Alleged overpaid self for annual holidays - Allegations investigated by third party - Investigation report assumed incorrect work hours - Respondent failed to check whether assumptions correct - Claims of fraud not substantiated - Cogent and honest explanation for all concerns - No opportunity to respond to allegations - Not told purpose of meeting - Investigation not full and fair - No grounds for concluding misconduct justifying summary dismissal - Dismissal unjustified - Payroll clerk |
| Result | Application granted ; Reimbursement of lost wages ($12,350)(5 months) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 4 |
| PDF File Link: | aa 90_02.pdf [pdf 25 KB] |