| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 43 |
| Hearing date | 30 Jan 2013 |
| Determination date | 05 April 2013 |
| Member | P R Stapp |
| Representation | N Flint ; S Robson |
| Location | Wellington |
| Parties | Evans v Gowri Periasamy t/a Hair Ministry |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant resigned or was dismissed – Whether parties reached agreement applicant would resign – Settlement agreement drawn up by respondent contained new terms – Applicant told not to return to work – Applicant looking for other work – ‘Mediation’ chaired by respondent’s lawyer – Senior stylist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Settlement agreement drawn up by respondent contained new terms not accepted by applicant. Applicant dismissed when told not to return to work. Applicant did not act deliberately and maliciously to construct situation about applicant’s employment ending. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4,812 reimbursement of lost wages. $2,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($4,812.50) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A(3);ERA s103A(4);ERA s103A(5);ERA s128;ERA s159 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_43.pdf [pdf 123 KB] |