| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 223 |
| Hearing date | 20 Jun 2012 |
| Determination date | 02 July 2012 |
| Member | K J Anderson |
| Representation | A Fa'amoe (in person) ' no appearance |
| Location | Auckland |
| Parties | Fa'amoe v Nielsen t/a Toby's Restaurant |
| Summary | UNJUSTIFIED DISMISSAL - Incompatibility - Applicant claimed unjustifiably dismissed by respondent - Authority found dismissal procedurally and substantively unjustifiable - Dismissal unjustified - Remedies - No contributory conduct - Applicant entitled to $13,000 reimbursement of lost wages - $3,000 compensation appropriate - Restaurant/Bar Manager |
| Abstract | Applicant employed by respondent as restaurant/bar manager. Applicant claimed unjustifiably dismissed by respondent. Soon after starting job applicant and head chef clashed. Respondent sent text message to applicant implying that arrangement would not work due to incompatibility. Applicant replied asking if a resolution could be met and stating that applicant would do what ever was required to repair relationship. Respondent then sent a further text message stating that the head chef was not prepared to work with applicant. Applicant claimed dismissed. Respondent claimed end of employment arrangement mutually agreed.;AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant prepared to do whatever it took to retain employment and did not agree to end employment relationship. Applicant dismissed. Respondent took no actions to conciliate differences or give support to applicant. Dismissal procedurally and substantively unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $13,000 reimbursement of lost wages. $3,000 compenstation appropriate. |
| Result | Application granted; Compenstation for humiliation etc ($3,000); Reimbursement of lost wages ($13,000); Disbursements in favour of applicant ($71.56); No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl12;ERA s103A;ERA s124;ERA s128(2);EAR r26 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_223.pdf [pdf 164 KB] |