| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 140/10 |
| Hearing date | 1 Jul 2010 |
| Determination date | 06 September 2010 |
| Member | G J Wood |
| Representation | C Clayton ; J Richardson |
| Location | Wellington |
| Parties | Hosegood v Head Auto Wreckers Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed – Respondent argued applicant justifiably dismissed for theft as servant – Alternatively, contributory conduct disentitled applicant to any award of remedies – Authority noted applicant had number of learning difficulties that affected presentation of evidence – However, Authority found evidence genuine even though applicant easily confused – Applicant believed given permission to take first aid kit home – Applicant forgot to take kit home so took kit home next day – Found most likely respondent had forgotten gave applicant permission day before – Authority not prepared to conclude on evidence and given seriousness of allegation applicant had deliberately taken first aid kit home without permission – Subsequently respondent concluded applicant’s actions constituted theft as a servant – Applicant given dismissal letter when arrived at work – Authority found in serious matter such as theft as a servant full and proper investigation required – Found no proper opportunity for applicant to respond to allegation – Found applicant made no explanation at time but Authority accepted was because of learning difficulties and fact was in shock – Found no fair and reasonable employer would act way respondent did as breached all minimum requirements under law – Found no serious misconduct therefore no cause for dismissal – Dismissal unjustified – Remedies – No contributory conduct – Authority found being branded a thief together with financial impact of loss of employment had significant impact on applicant as already vulnerable individual – $6,760 reimbursement of lost wages awarded – Found $5,000 compensation appropriate – Found applicant entitled to cost of tools not returned |
| Result | Application granted ; Reimbursement of lost wages ($6,760.00) ; Compensation for humiliation etc ($5,000) ; Recovery of monies ($140.00) ; Arrears of holiday pay ($16.64) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | wa 140_10.pdf [pdf 27 KB] |