| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 259/08 |
| Hearing date | 19 Jul 2007 |
| Determination date | 17 July 2008 |
| Member | L Robinson |
| Representation | D Flaws ; D Slatter |
| Location | Auckland |
| Parties | Witehira v Penguin Wholesalers Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Summary dismissal – Serious misconduct – Witness advised respondent that saw applicant driving home between delivery runs – Respondent’s general manager (“S”) and Police executed search warrant of applicant’s residence for respondent’s property – Nothing found – S gave applicant notice of allegations and disciplinary meeting – Applicant invited to view video surveillance footage – Following further meeting, applicant dismissed – Authority found applicant’s dismissal for serious misconduct based on taking vehicle home without permission and removing product without permission – First allegation that applicant parked truck outside home on three occasions – Under employment agreement (“EA”), deviating from proper route in respondent’s vehicle without reasonable care constituted serious misconduct – Respondent rejected applicant’s arguments and found actions constituted serious misconduct – Second allegation that applicant in unauthorised possession of company property – Respondent did not pursue most of specific allegations – Respondent argued video footage and witnesses showed applicant removed company property on one occasion – Respondent concluded constituted serious misconduct warranting dismissal – Authority found taking vehicle home without permission could not constitute serious misconduct – Found respondent fairly and reasonably reached conclusion applicant only person who could have removed product – Found video surveillance and evidence of two witnesses sufficiently established that – Dismissal justified – PENALTY – RECOVERY OF MONIES - Counterclaims – Respondent sought penalty and reparation for missing product – Authority not persuaded of claims – Authority found would not exercise discretion to grant orders – Counterclaims dismissed – Driver/Storeman/Freight |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | aa 259_08.pdf [pdf 36 KB] |