| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 22 |
| Hearing date | 20 Dec 2011 |
| Determination date | 27 February 2012 |
| Member | P R Stapp |
| Representation | J A Burney ; A Lory (in person) |
| Location | Masterton |
| Parties | Coley v VA Electrical Ltd and Anor |
| Other Parties | Lory |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Abandonment - Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant abandoned employment - Applicant claimed unjustifiably disadvantaged by second respondent’s (“L”) abusive behaviour directed towards applicant’s son (“X”) – X also employed by first respondent – L denied swore at X personally - Applicant returned to workplace to discuss allegations with L – Applicant asked L if could swap position with another employee – L agreed applicant would not work Saturdays but declined applicant’s request that applicant would not work on particular day as claimed not given notice – L asked if applicant’s request for day off meant applicant resigning – Applicant responded would take day off and return to work next week – L failed to reply to applicant’s text message querying if should return to work next week - Applicant returned to work next week and told to leave workplace – Authority found applicant not resigning in writing showed applicant’s confusion about events – Found applicant clearly said would be at work next week – Found L’s explanation that was waiting for contact from applicant implausible and L filled applicant’s position same day – Found fair and reasonable employer would have had further discussion with applicant and would not have filled applicant’s position immediately after parties’ argument – Dismissal unjustified – Found appropriate to treat applicant’s unjustified disadvantage claim globally as part of unjustified dismissal – REMEDIES – 20 per cent contributory conduct - $4,000 compensation appropriate - $7,232 reimbursement of lost wages - Foreman |
| Result | Applications granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($7,232) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s128(2);ERA s128(3) |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Wellington_22.pdf [pdf 29 KB] |