| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 22/10 |
| Hearing date | 1 Dec 2009 |
| Determination date | 03 February 2010 |
| Member | J Crichton |
| Representation | R Davidson ; P Zwart |
| Location | Christchurch |
| Parties | Simpson v Macjane Trading Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Applicant purchased guitar which it subsequently transpired had been stolen an hour beforehand – Respondent argued applicant failed to use usual diligence and skill in purchasing guitar – Applicant invited to attend meeting while on annual leave – Applicant subsequently dismissed – Applicant argued failure to record serial number one off – Respondent claimed on further inquiry discovered applicant regularly failed to record serial numbers – Authority found applicant extremely experienced worker in industry and treated as such throughout process – Found respondent failed to identify dismissal as possible outcome – Found applicant told matter serious – Found available to respondent to conclude applicant’s breaches constituted serious misconduct and dismissal appropriate remedy – Dismissal justified – Sales and purchasing |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | New Zealand Food Processing IUW v Unilever [1990] 1 NZILR 35 |
| Number of Pages | 8 |
| PDF File Link: | ca 22_10.pdf [pdf 30 KB] |