KEY POINTS:
A barman at the Avonhead Tavern in Christchurch accused of "palming", serving free drinks to friends, betting on the job and taking money from patrons for driving them home has won a case against his employer.
The Employment Relations Authority ruled that Ben Bruce had been unjustifiably dismissed and the way the company conducted disciplinary hearings was unsatisfactory.
But it said that Mr Bruce's contribution to his own dismissal was about 15 per cent.
Mr Bruce was awarded $14,450 in compensation for hurt and lost wages and costs were reserved.
Mr Bruce earned $13 an hour as a fulltime barman. When he returned from holiday in May 2007, Avonhead Tavern made five allegations against him at a meeting Mr Bruce characterised as an interrogation.
Mr Bruce was accused of "palming" in pretending to give change to customer Robert Coker for drinks which he denied. Mr Coker unequivocally denied receiving free drinks.
"In the end, one is left with the choice between the oral evidence of a witness who presented voluntarily and gave explicit, steady evidence from which he was unable to be shaken, and the evidence of a grainy video which might show improper activity, but also might not," authority member James Crichton said.
The issue of betting at the TAB at the tavern was confused as it was allowed if done through another staff member in the employee's copy of his employment agreement and forbidden in the employer's copy.
Mr Bruce acknowledged he took money from a patron for driving him home but he apologised and said he used his own car because transport provided by the tavern was not available.
A final allegation that Mr Bruce used improper processes which caused a loss of gaming machine money to the tavern was found to be historic.
The authority found the only allegation that was "made out" was the business of charging patrons for rides home and that a dismissal for this would not be appropriate.
- NZPA
