| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 289/09 |
| Hearing date | 26 Jun 2009 |
| Determination date | 19 August 2009 |
| Member | D King |
| Representation | M Sweetman ; R Webster |
| Location | Auckland |
| Parties | Frentz v Hirequip Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant accused of cashing petty cash cheque and keeping money and was subsequently arrested and charged – Following arrest applicant attended meeting with respondent to explain incident – Applicant handed letter referring to meeting as if it had already taken place – Authority found letter eluded to accusation of theft – Following disciplinary meeting applicant dismissed for breach of trust and confidence – Found respondent failed to carry out a sufficiently thorough investigation – Respondent claimed applicant not dismissed for theft but because he did not know what had happened to money – However, respondent had eluded to theft in earlier letter and required repayment of money in dismissal letter – Found fair and reasonable employer would not have dismissed applicant – Dismissal unjustified – REMEDIES – No contributory conduct – No order for reimbursement of lost wages as unemployment partly due to court proceedings – Compensation for humiliation etc of $4,000 appropriate – Assistant branch manager |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Crimes Act 1961 s228;ERA s103A |
| Cases Cited | Honda NZ Ltd v NZ Shipwrights Etc Union [1990] 3 NZILR 23;NZ Shipwrights Etc Union v Honda NZ Ltd [1989] 3 NZILR 82 |
| Number of Pages | 10 |
| PDF File Link: | aa 289_09.pdf [pdf 34 KB] |