| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 92/02 |
| Hearing date | 23 Jul 2002 |
| Determination date | 25 September 2002 |
| Member | H Doyle |
| Representation | I Davidson ; P Swarbrick |
| Location | Christchurch |
| Parties | Carter v Rentokil Initial Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Whether resignation revoked by mutual consent - Whether dismissed during notice period - Resignation not revoked by respondent - Alleged agreement to find new position for applicant at other branches - Agreement was for attempt to find new position - No new position guaranteed - Dismissed two days after resignation - Dismissal without warning - Employment agreement did not allow payment in lieu of notice period - Dismissal unjustified - Remedies - No award for lost wages as applicant had resigned and was paid for notice period - Quantum of lost benefits to be determined by parties - Sales representative |
| Result | Application granted ; Reimbursement of lost benefits (Quantum reserved)(Cell phone, car and commission) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Statutes | ERA s248 |
| Cases Cited | Coca-Cola Amatil (NZ) Ltd v Kaczorowski [1998] 1 ERNZ 264 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |