| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 286 |
| Hearing date | 26 Jun 2013 |
| Determination date | 05 July 2013 |
| Member | R Larmer |
| Representation | A Azaan (in person) ; R Nand, A Wu |
| Location | Auckland |
| Parties | Azaan v Upinder Mann Enterprises Ltd t/a Vege Oasis |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to respond to communications and unjustifiably dismissed by respondent – Applicant on paternity leave – Agreed return date - Rumours applicant had been replaced – Applicant attempted to contact respondent’s owner to investigate – Owner unwell so no response – Applicant did not return to work on agreed date – Whether applicant asked for final pay – Whether applicant resigned – Store Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant unjustifiably disadvantaged by respondent’s failure to respond to communications. Unacceptable for applicant to not return to work until received confirmation applicant wanted at work. Authority not satisfied applicant dismissed. No dismissal. REMEDIES: No contributory conduct. $2,000 compensation appropriate. |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_286.pdf [pdf 106 KB] |