| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 73/02 |
| Hearing date | 15 Aug 2002 |
| Determination date | 23 August 2002 |
| Member | G J Wood |
| Representation | J Lawrie ; J Bigham |
| Location | Wellington |
| Parties | Puts v Foodstuffs (Wellington) Co-operative Society Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Unauthorised possession of company property - Alleged video showed applicant taking and consuming stock - Acted inconsistently with performance of duties - Dismissal based entirely on video evidence - Impossible to ascertain actions from video - Numerous possibilities to explain conduct - Not open to fair and reasonable employer to conclude that applicant committed serious misconduct - No consideration given to explanation for conduct - Dismissal unjustified - Reinstatement appropriate - No reason to have lost trust and confidence in applicant - Selector/picker |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum reserved) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air New Zealand Ltd [1990] 3 NZILR 584;Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 12 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |