| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 388/09 |
| Hearing date | 27 Aug 2009 |
| Determination date | 04 November 2009 |
| Member | V Campbell |
| Representation | M Tawhara ; M Ward-Johnson |
| Location | Hamilton |
| Parties | Taipari v Marty's Ltd t/a McGinty's Turf Bar |
| Summary | UNJUSTIFIED DISMISSAL – Applicant used funds from TAB and gaming machine floats to cover bar expenses – Audit of gaming machines discovered money not properly accounted for – Applicant advised no longer wanted responsibility for office duties – Respondent saw request as opportunity to employ new bar manager – Respondent employed new bar manager and requested applicant’s resignation – Applicant subsequently dismissed – Applicant claimed advised to apply for position – Respondent argued asked applicant to apply for hours – Authority found asked to apply for hours which indicated applicant no longer employed as bar manager and would work as bar person after negotiating hours with respondent – Found applicant continued in role as bar manager following request not to be responsible for office duties – Found respondent failed to communicate considered applicant resigned and intention to replace applicant – Found dismissed for discrepancies in accounting for monies – Found respondent obligated to put concerns to applicant – Dismissal unjustified - REMEDIES – No contributory conduct – Applicant not able to search for new work opportunities as on sickness benefit – Reimbursement of lost wages of $1,928 appropriate – Found following dismissal untrue allegations made that applicant stole money – $5,000 compensation appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed wages for three weeks prior to dismissal and holiday pay – Arrears of wages and holiday pay due and owing – Bar manager |
| Result | Applications granted ; Arrears of wages and holiday pay ($8,098.93) ; Reimbursement of lost wages ($1,928.66) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s131 |
| Cases Cited | Air New Zealand v Hudson [2006] ERNZ 415;Toll New Zealand Consolidated Ltd v Rowe unreported, Shaw J, 19 Dec 2007, AC 39A/07;X v Auckland District Health Board [2007] ERNZ 66 |
| Number of Pages | 7 |
| PDF File Link: | aa 388_09.pdf [pdf 30 KB] |