| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 451/10 |
| Hearing date | 8 Jul 2010 |
| Determination date | 19 October 2010 |
| Member | D King |
| Representation | M Moncur ; J Douglas |
| Location | Auckland |
| Parties | Bailey v R & S Motors Ltd t/a Kaurilands Service Station |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent installed covert camera and engaged private investigator when concerned stock missing – Staff had credit system used to pay for stock items – Respondent carried out stocktake and determined items missing only on shifts worked by applicant – Subsequently, camera tapes showed applicant taking items and giving to husband but only some items rung up for sale – Tapes also showed applicant taking money from till and putting in bag – Applicant called to disciplinary meeting – Applicant provided resignation to respondent – Applicant claimed at disciplinary meeting had been wrongly accused so former employee could be re-employed on full time basis – Applicant shown video tapes – Respondent told applicant had decided applicant had taken money and cigarettes without authorisation and should be dismissed – Subsequently Police contacted and interviewed applicant – Authority found applicant resigned and not dismissed – Found no attempt by applicant to withdraw resignation – Noted if had to make finding about justifiability of dismissal, would have found dismissal justified – RECOVERY OF MONIES – Counterclaim – Respondent sought payment of monies for value of goods allegedly taken by applicant – Authority found apart from sheet itemising missing stock and shift roster, had no evidence that linked missing stock with applicant – Found not in position to make award – Forecourt attendant |
| Result | Applications dismissed (Dismissal)(Counterclaim) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | aa 451_10.pdf [pdf 14 KB] |