| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 309/02 |
| Hearing date | 22 Aug 2002 |
| Determination date | 18 October 2002 |
| Member | K J Anderson |
| Representation | A Fitzgibbon ; D Lowe |
| Location | Auckland |
| Parties | Brophy v Spotless Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Serious misconduct - Whether dismissed or resigned - Customer complaints - Alleged rude and insulting behaviour - Alleged dismissed during disciplinary meeting - Offered reemployment within company on lower pay - Credibility - Respondent's evidence preferred - Attitude unacceptable - Constructive dismissal claim made out - Procedural unfairness rendered dismissal unjustified - Contributory conduct 20 percent - Catering manager |
| Result | Application granted ; Reimbursement of lost wages ($5,460 reduced to $4,368) ; Compensation for humiliation etc ($5,000 reduced to $4,000) ; Costs reserved |
| Cases Cited | Davis Trading Co Ltd v Lewis [1993] 2 ERNZ 272 |
| Number of Pages | 6 |
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