Job loss for serious worker misconduct stands
A Kaikohe woman was not unjustifiably dismissed by the town's New World store, the Employment Relations Authority has found.
Ngaire Powdrill claimed she was unjustifiably dismissed from her job as a checkout operator at Kaikohe New World in December 2003.
The company, owned by Bernie McGinty,
had dismissed Ms Powdrill for what it deemed serious misconduct _ unauthorised possession of documents belonging to the company, using the documents for personal gain and retaining the documents for three years after being told she had no authority to do so.
Ms Powdrill took her case to the Employment Relations Authority, also claiming she was owed holiday and sick pay by the company. Authority member Leon Robinson said in his decision released recently that the company was fair and reasonable to have dismissed Ms Powdrill, but that Ms Powdrill deserved to be paid $5027.92 from the company as wage arrears.
Kaikohe New World dismissed Ms Powdrill after it was found that she had copies of three dishonoured cheques that had been presented to the store three years earlier. The cheques allegedly belonged to the partner of one of her colleagues who had made a complaint about Ms Powdrill to the company.
Ms Powdrill had told the company she had kept the copies of the cheques to show the true character of the colleague who had made a complaint against her. Ms Powdrill alleged to the company that the colleague had put the cheques, which had belonged to the colleague's partner, through the store's checkouts.
But the company found this explanation unacceptable, deeming that its trust and confidence in her had been irreparably damaged. Mr Robinson found that Ms Powdrill had used the information about the cheques for her own interests, by trying to discredit a person who had made a complaint about her.
"It was known she had an external personal conflict with that person. In that sense there is a gain to Ngaire and the allegation is made out," he said. "... It is reasonable for the company to consider that Ngaire's conduct was destructive of the basic confidence and trust that underpinned its relationship with her."
Mr Robinson said he was satisfied that the company conducted a full and fair investigation which disclosed conduct capable of being regarded as serious misconduct.
