| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 138 |
| Hearing date | 10 Apr 2013 |
| Determination date | 19 April 2013 |
| Member | A Fitzgibbon |
| Representation | B Toh (in person) ; G Pollack |
| Location | Auckland |
| Parties | Toh v Lincoln Park Markets Ltd t/a The Mighty Dollar Shop |
| Summary | UNJUSTIFIED DISMISSAL –Dismissal - Applicant claimed unjustifiably dismissed by respondent – Authority found applicant not credible witness – Found applicant resigned from employment - No dismissal – Warehouse Delivery Assistant |
| Abstract | Applicant employed by respondent as warehouse delivery assistant. Applicant claimed unjustifiably dismissed by respondent. Respondent prepared employment agreement (“EA”) for applicant with wage rate specified. Applicant claimed never received EA. Applicant claimed sent letter to respondent confirming employment details with higher wage rate. Applicant requested work at different location and respondent agreed. Applicant went to other location, handed key to fellow employee, and stated did not want to work there any longer. Following day applicant left work. Respondent phoned applicant to find out applicant’s whereabouts and discuss whether applicant’s time out of work to be recorded as leave. Applicant claimed dismissed during phone conversation. Respondent claimed applicant resigned. Applicant claimed respondent threatened to dismiss applicant on two occasions during course of employment. Applicant claimed when picked up final pay from respondent, respondent threw cheque and swore at applicant. Applicant claimed respondent threatened to kill applicant and others if applicant took matter “to the authorities”.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s claim threatened by respondent when collected final pay serious allegation making applicant’s wish for re-instatement surprising and unbelievable. Applicant not credible witness. Notes respondent took at meeting with applicant prior to applicant beginning work accurate record of agreement between parties. Despite small workplace no person heard respondent threaten applicant when applicant collected final pay. Applicant resigned from employment. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_138.pdf [pdf 187 KB] |