| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 116 |
| Hearing date | 30 Mar 2012 |
| Determination date | 03 April 2012 |
| Member | J Crichton |
| Representation | D Hinde (in person) ; B Chien (in person) |
| Location | Auckland |
| Parties | Hinde v Chien t/a Mr Bon Bakery and Espresso |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant took leave due to injuries caused by accident at home – After medical certificate expired applicant told respondent could return to work month later– Respondent director (“C”) acknowledged had sent applicant text message not to bother returning to work as had sold respondent – C claimed thought had sold respondent but sale later fell through – Authority found applicant should not have been dismissed by text message after told C available to return to work – Found applicant’s position ought to have been protected and applicant should have been able to return to work after injury - Found whether or not had sold business respondent still had obligations towards applicant – C claimed applicant had gambling problem and unreliable – Found evidence showed applicant very reliable employee – Dismissal unjustified – REMEDIES – No contributory conduct – Found applicant subjected to further stress as C contacted applicant’s doctor and claimed applicant unreliable - $4,500 reimbursement of lost wages - $2,250 compensation appropriate – ARREARS OF WAGES – Respondent to pay applicant $490 arrears of wages in lieu of notice |
| Result | Applications granted ; Reimbursement of lost wages ($4,500) ; Compensation for humiliation etc ($2,250) ; Arrears of wage ($490) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_116.pdf [pdf 16 KB] |