| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 86/08 |
| Hearing date | 18 Mar 2008 - 19 Mar 2008 (2 days) |
| Determination date | 26 June 2008 |
| Member | P Cheyne |
| Representation | G Downing ; M Kirk |
| Location | Nelson |
| Parties | Bickley v Halifax Vet Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed following investigation into accounting irregularities - No valid criticism of respondent’s investigation - Fair and reasonable for respondent to conclude applicant responsible for accounting irregularities - Dismissal justified - COUNTERCLAIM - BREACH OF CONTRACT - Respondent sought to recover losses arising from alleged misappropriation of monies - Some claims dismissed as evidence did not establish money misappropriated - Unlikely to be innocent explanation for all manipulation of client accounts - However, could not be established to level of probability that applicant made changes to accounts and took money - One exception - Convincing evidence applicant changed record which could only have been attempt to cover up taking money at earlier point in time - Respondent entitled to repayment of that sum - PENALTY - Also sought penalty for breach of good faith - No evidence of breach of good faith to required higher standard of proof - Vet nurse |
| Result | Application dismissed ; Counterclaim granted (breach of contract) ; Damages ($100) ; Counterclaim dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 13 |
| PDF File Link: | ca 86_08.pdf [pdf 53 KB] |