| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 74 |
| Hearing date | 31 Aug 2012 |
| Determination date | 04 March 2013 |
| Member | K J Anderson |
| Representation | A Singh ; S McKenna |
| Location | Hamilton |
| Parties | Griffiths v A1 Bobcats & Concrete Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent - Decision on use of concrete accelerant - Text messages exchanged between parties with alleged abusive language from respondent – Partner’s pregnancy related issues kept applicant from work - Respondent’s offer of reinstatement rejected by applicant - Concrete Labourer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant indicated available for work and did not abandon employment. Both parties failed to be responsive and communicative. Applicant dismissed. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages (quantum to be determined). |
| Result | Application granted; Contributory conduct (50%); Reimbursement of lost wages (quantum to be determined); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s103A;ERA s124;ERA s128(2) |
| Cases Cited | Allen v Transpacific Industries Group Ltd (t/a “Medismart Ltd”) [2009] 6 NZELR 530;E N Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97;Pitolua v Auckland City Council Municipal Abattoir and Auckland & Tomoana Freezing Works etc IUOW [1992] 1 ERNZ 693; [1992] 1 NZLR 6 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_74.pdf [pdf 237 KB] |