| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 38/02 |
| Hearing date | 3 May 2002 |
| Determination date | 15 May 2002 |
| Member | P R Stapp |
| Representation | M Fitzgibbons ; M Gould |
| Location | Wellington |
| Parties | Peta v Tranzit Travel Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Theft of lost property - Amnesty offered for return of item - Item not returned - Alleged applicant in possession of item - Disciplinary meetings held - Admitted conduct - Sought to return item - Chose not to divulge that other employees involved in theft - Item not returned until after dismissal - Procedural shortcomings - Failure to give adequate notice of allegations - Failed to divulge name of informant - Dismissal justified despite procedural flaws - Alternatively applicant's conduct contributed to procedural defects - Remedies would have been reduced to nil - Bus driver |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Restcare Trust v Woods unreported, Travis J, 29 September 1998, AC 75/98;Coburn v Mitchell & Mackersy unreported, Palmer J, 27 January 1998, CEC 2/98;Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;King v Taupo Electricity Ltd unreported, Travis J, 27 February 1998, AEC 11/98;Murphy and Routhan t/a Enzo's Pizza v van Beek [1998] 2 ERNZ 607;NZFP Pulp and Paper Co Ltd v Horn [1996] 1 ERNZ 278;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 ; ERNZ Sel Cas 582;Ramage v Minister of Education [1998] 2 ERNZ 188;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448;Wilmhurst v McGuire t/a California Sun and Beauty Studio [1999] 2 ERNZ 128 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |