| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 35 |
| Hearing date | 30 Jan 2014 |
| Determination date | 31 January 2014 |
| Member | R Larmer |
| Representation | D Vinnicombe ; U Sen |
| Location | Auckland |
| Parties | Linton v Anytime Aluminium Windows & Doors Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Argument between parties resulted in respondent telling applicant to go home - Respondent frustrated with applicant's poor performance - Applicant left work site and did not return - Applicant ignored call from respondent - Respondent sent text to applicant asking applicant to return keys and fuel card - Whether applicant dismissed or abandoned employment;ARREARS OF HOLIDAY - Applicant sought arrears of holiday pay - No time and wage records - Respondent accepted applicant not paid holiday pay on termination of employment |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent's sending away" of applicant amounted to dismissal. Respondent did not raise concerns of poor performance with applicant. No disciplinary process or other adequate communication. Matters causing respondent's frustration and leading up to dismissal should have been raised in performance management context. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $3,517 reimbursement of lost wages. $500 compensation appropriate.;ARREARS OF HOLIDAY PAY: Respondent to pay applicant $3,760.82 arrears of holiday pay." |
| Result | Application granted. Contributory conduct (50%); Reimbursement of lost wages ($3,517.81); Compensation for humiliation etc ($500); Arrears of holiday pay ($3,760.82); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4(1A);ERA s65;ERA s56(2);ERA s103A(2);ERA s103(3);ERA s124;ERA s128(2);ERA s130;ERA s131;ERA s132(2) |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_35.pdf [pdf 155 KB] |