The Employment Relations Authority has dismissed a personal grievance claim after a checkout dispute at The Warehouse [NZX: WHS] escalated.
Emma Paki was dismissed for serious misconduct after a dispute with a customer over a greeting card.
Ms Paki, who had been an employee at the retailer for more than ten years, was working on the checkout when an argument with a customer began.
The customer tried to pay for a greeting card with a $50 note, and Ms Paki gave the customer change for a $10 note.
The customer disputed this and an argument began. A supervisor intervened and told Ms Paki to stop talking to the customer.
However Ms Paki argued with the customer while her cash register was being checked. The till check proved the customer was correct.
The customer’s wife made a formal complaint indicating she and her husband would never shop again at The Warehouse.
The Warehouse decided this was serious misconduct and dismissal was the correct response. The Warehouse had decided the behaviour was more than rude but was intimidating.
Ms Paki attempted to argue that The Warehouse should have conducted further inquiries.
However Employment Relations Authority member James Crichton said in his determination the conduct by Ms Paki was at the worst end of the continuum in a retail sales environment.
“Ms Paki allowed an ordinary error about giving the wrong change to escalated into a full scale argument where she was rude to a customer.”
Mr Crichton said it was difficult to see how the retailer could have reached any other conclusion than one of serious misconduct.
Ms Paki put forward a number of mitigating factors including that she had had a bad day, and that she had dealt with an episode of domestic violence, an abnormal cervical smear test and eyesight problems. She also said she had a long trail of unsuccessful positions within the Warehouse Group.
The ERA found that the Warehouse correctly assessed and responded to these mitigating issues and was justified in dismissing Ms Paki.
Victoria Young
Tue, 19 Nov 2013
Tue, 19 Nov 2013
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