| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 287/10 |
| Hearing date | 28 Apr 2010 |
| Determination date | 17 June 2010 |
| Member | D King |
| Representation | R Khan (in person) ; R Commins |
| Location | Auckland |
| Parties | Khan v Restaurant Brands Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed – Respondent discovered anomalies in processing of transactions on computer system – Subsequently applicant suspended – Applicant not told of specifics of misconduct as respondent believed could wait until disciplinary meeting – Respondent argued applicant left till open when finished shift – Authority found equally serious breach was changing of payroll records – Found breaches not minor – Found adjusting payroll records for own gain and sharing tills serious breaches of respondent’s policy – Found applicant manipulated hours of work of supervisors – Applicant claimed should have been warned rather than dismissed – Authority found respondent followed fair process and substantive grounds for dismissal – Dismissal justified – UNJUSTIFIED DISADVANTAGE – Authority found respondent failed to give applicant opportunity to comment or be consulted before suspension – Found suspension unjustified – Remedies – Found no contributory conduct – Found applicant distressed by suspension – Found $1000 compensation appropriate – Store Manager |
| Result | Application dismissed (Dismissal) ; Application granted (Disadvantage) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s122 |
| Number of Pages | 6 |
| PDF File Link: | aa 287_10.pdf [pdf 20 KB] |