| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 327/02 |
| Hearing date | 1 Nov 2002 |
| Determination date | 08 November 2002 |
| Member | A Dumbleton |
| Representation | C Bennet ; J Down |
| Location | Auckland |
| Parties | Wilson v Grey Powe Publishing Company Ltd t/a Hibiscus Coast Motors |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant failed to correctly carry out repair work - Failure led to significant financial loss - Summarily dismissed without warning - Not afforded opportunity to be heard - Dismissal unjustified - Remedies - Contributory conduct - Damage probably caused by applicant - Contributory conduct reduced remedies by 25 percent - Motor mechanic |
| Result | Application granted ; Reimbursement of lost wages ($3,800 reduced to $2,850) ; Compensation for humiliation etc ($3,500 reduced $2,625) ; Costs reserved |
| Cases Cited | Auckland City Council v Hennessey [1982] ACJ 699;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 ; ERNZ Sel Cas 582 |
| Number of Pages | 5 |
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