| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 189/09 |
| Hearing date | 4 Jun 2009 |
| Determination date | 03 November 2009 |
| Member | H Doyle |
| Representation | A McKenzie ; A Edwin, M Tamaki |
| Location | Christchurch |
| Parties | Hemana v Tamaki Tours Ltd and Anor |
| Other Parties | Tamaki Christchurch Maori Village Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed unjustifiably dismissed – Respondent argued issues with applicant’s performance culminated in loss of money following event – Applicant failed to attend earlier meeting – Applicant dismissed following disciplinary meeting – Authority found applicant dismissed for failing to make sure money received was properly accounted for – Respondent argued serious procedural deficiencies in accounting for money received which amounted to misconduct – Respondent failed to advise applicant of allegations or to bring representative to meeting – Applicant received no real opportunity to provide explanation of conduct or have that taken into account – Found fair and reasonable employer would not simply hold manager accountable for discrepancy of money received against product sold without full and fair investigation – Found investigation not undertaken to standard to establish serious misconduct by applicant – Found previous performance concerns not made apparent to applicant – Dismissal unjustified – Respondent discovered cleanliness and hygiene issues of areas managed by applicant after termination – Found appropriate to limit possible reimbursement of lost wages in light of issues – REMEDIES – Found 30 percent contributory conduct – Applicant failed to attend meeting and was not forthcoming and constructive in helping establish what had happened in terms of missing funds – Reimbursement of lost wages of $6,358 appropriate – $5,600 compensation appropriate – Manager of bar, kitchen and restaurant |
| Result | Application granted ; Reimbursement of lost wages ($9,084 reduced to $6358.80) ; Compensation for humiliation etc ($8,000 reduced to $5,600) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 12 |
| PDF File Link: | ca 189_09.pdf [pdf 47 KB] |