| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 195/02 |
| Hearing date | 15 May 2002 |
| Determination date | 02 July 2002 |
| Member | K J Anderson |
| Representation | D Law ; B Rooney |
| Location | Auckland |
| Parties | Lal v Applied Instruments Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Serious misconduct - Notified by bank of suspicious transfers of money - Applicant requested to attend meeting at short notice - Panicked at meeting and offered to repay money - Requested to hand in office keys - Required to return company property - Either constructive or summary dismissal - Ideally applicant should have been suspended pending further investigation - Sufficient evidence without further investigation to honestly believe applicant guilty of misconduct - Dismissal justified - Alternatively applicant's contribution would have disentitled him to any remedy - Evidence of misconduct discovered post-dismissal relevant to remedies - ARREARS OF WAGES AND HOLIDAY PAY - Holiday pay due and owing - Bonus payments of $739.94 due and owing - Pay sheets falsified by applicant to obtain travel payments of $1,300 - Repayment of travel payments set off against bonus payments - Applicant ordered to repay $560.06 - DISPUTE - Applicant ordered to return all company property in his possession - Accountant |
| Result | Application granted in part ; Arrears of wages ($739.94 set off against travel payments) ; Arrears of holiday pay ($1,094.43) ; Orders accordingly |
| Statutes | ERA s4(1);ERA s137;ERA s157(2)(a);ERA s157(3);ERA s160(3);ERA s161(a);ERA s161(b);Holidays Act 1981 s12 |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Ark Aviation Ltd v Newton [2001] ERNZ 133 ; [2002] 2 NZLR 145;Porter v The Board of Trustees of Westlake Girls' High School [1998] 1 ERNZ 377;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965 |
| Number of Pages | 15 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |