The Employment Relations Authority has rejected a claim for unjustified dismissal following a disciplinary process.

The employee marked down the price on products in a shop without getting proper authorisation for the price.  The price was lower than cost price and would not have been authorised by management.  The employee then proceeded to purchase the stock items at the reduced price.

The employer raised the matter as a misconduct investigation and advised the employee fairly of what the allegations were and gave them a fair opportunity to respond to the allegations.  The employee was found guilty of serious misconduct and was dismissed.

The ERA found that there were no defects in the process followed by the employer and that the whole incident as brought about by the employee’s improper conduct in lowering the price without authorisation and then attempting to take advantage of that lower price by purchasing the product for herself.  All her claims for a personal grievance were dismissed.

Alan Knowsley
Employment Lawyer Wellington