| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 104 |
| Hearing date | 14 Mar 2013 |
| Determination date | 27 March 2013 |
| Member | A Fitzgibbon |
| Representation | A Hyndman ; V Hill |
| Location | Whangarei |
| Parties | Cross v Onerahi Hotel Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Applicant drinking at work and during work hours – Respondent failed to deliver letter requesting meeting as applicant had no postal address - Applicant informed had been stood down but turned up at rostered shift - Barman and duty manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent met with applicant not to address issues but finalise applicant’s employment. Applicant dismissed. Respondent attempted to meet with applicant to address issues but made difficult by applicant and required process not followed. Dismissal unjustified. REMEDIES: 100 per cent contributory conduct. Remedies not appropriate. |
| Result | Application granted ; Contributory conduct (100%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(2);ERA s103A(3);ERA s124 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_104.pdf [pdf 236 KB] |