| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 75/02 |
| Hearing date | 6 Aug 2002 |
| Determination date | 26 August 2002 |
| Member | G J Wood |
| Representation | G O'Sullivan, R Cabraal ; R Buchanan |
| Location | Wellington |
| Parties | Lewis v Foodstuffs (Wellington) Co-operative Society Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether substantively justified and procedurally fair - Failure to hand in company property at end of shift - Alleged property damaged due to failure - Insufficient evidence to blame applicant for damage - Minimal disciplinary process - Inadequate time allowed to obtain support person - Dismissal substantively unjustified and procedurally unfair - Remedies - Applicant's negligence in not returning property contributed to grievance - Contributory conduct 10 percent - Counterclaim - Claim for reimbursement for repairs to property - No proof damage caused by applicant - Counterclaim dismissed - Picker/selector |
| Result | Application granted ; Reimbursement of lost wages ($6,046.80 reduced to $5,442.12) ; Compensation for humiliation etc ($7,500 reduced to $6,750) ; Costs reserved |
| Cases Cited | Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23 ; [1991] 1 NZLR 392;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 9 |
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