| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 101 |
| Hearing date | 19 Jun 2012 |
| Determination date | 14 September 2012 |
| Member | P R Stapp |
| Representation | J Parker (in person) ; P Muller |
| Location | Wellington |
| Parties | Parker v Consultancy Advocacy and Research Trust |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment - Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant abandoned employment – Parties discussed negotiating redundancy clause in applicant’s employment agreement – Respondent claimed in course of discussion used word resignation in relation to agreement reached regarding redundancy – Personal assistant |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent did not tell applicant to resign or that no work available. Applicant did not abandon employment. Respondent accountable for applicant’s confusion regarding circumstances and applicant’s decision not to return to work. Respondent initiated applicant's dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $16,442 reimbursement of lost wages. $5,000 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages ($16,442.22); Compensation for humiliation etc ($5,000); Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Wellington_101.pdf [pdf 274 KB] |