| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 110/02 |
| Determination date | 19 April 2002 |
| Member | R A Monaghan |
| Representation | A McKay ; J Peebles |
| Location | Auckland |
| Parties | Wills v Amba Enterprises Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether dismissed or resigned - Alleged theft of money from till - Co-worker observed irregular practice with till - Meeting held next day where asked to hand over keys to store - Allegations put to applicant - Denial of allegations - Alleged told would have to be let go and should prepare letter of resignation - Respondent argued applicant initiated leaving and resignation letter - Request for keys at beginning of meeting suggested intention to prevent applicant from entering store - Intention of dismissal - Dismissal without consideration of explanation - Procedural unfairness rendered dismissal unjustified - Remedies - Declined to award reimbursement above 3 months - Inappropriate behaviour of applicant's husband after dismissal affected award of reimbursement - Store assistant |
| Result | Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |