| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 28 |
| Hearing date | 7 Sep 2010 |
| Determination date | 20 January 2011 |
| Member | J Wilson |
| Representation | D Wharekura ; W Macphail |
| Location | Tauranga |
| Parties | Russell v Triodent Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant dismissed for allegedly misusing company credit card – Respondent concerned about applicant’s fuel use and further investigation revealed discrepancies – Respondent arranged for fuel capacity of applicant’s company car be checked without applicant’s knowledge – Check revealed purchases of petrol on several occasions in excess of fuel tank capacity – Applicant claimed filled petrol cans as feared might run out of petrol during times when did not have access to company credit card – Respondent claimed applicant used company credit card to purchase KFC – Applicant claimed left KFC for evening shift employees – Respondent claimed staff did not recall seeing KFC – Respondent claimed applicant made unauthorised cash withdrawals using company credit card – Applicant claimed withdrawals used as cash incentives for staff and subsequently used to buy wine as staff reward – Respondent claimed applicant should have got receipt for wine purchases – Applicant invited to attend disciplinary meetings – Authority rejected applicant’s claim bullied throughout proceedings as had experience advocate present – Found respondent’s investigation not perfect but fair and comprehensive – Found respondent reached conclusion on balance of probabilities fair and reasonable employer would have reached – Found reasonable for respondent to decide applicant guilty of misusing company credit card – Found applicant’s explanations not credible – Found respondent’s trust in applicant irrevocably lost – Dismissal justified – ARREARS OF WAGES – Applicant did not advance evidence as to entitlement to performance bonus – Authority presumed claim withdrawn – Found applicant to discuss matter with respondent if wanted to pursue claim – RECOVERY OF MONIES – Applicant submitted to respondent claim for reimbursement of expenditure – Found if expenditure legitimate respondent to reimburse applicant as soon as practicable – Sales Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_28.pdf [pdf 38 KB] |