| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 91 |
| Hearing date | 20 Aug 2014 |
| Determination date | 23 September 2014 |
| Member | M Ryan |
| Representation | I Hard ; B Banks, J Greenleaf |
| Location | Wellington |
| Parties | Barrett v Cotton On Clothing (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant dismissed or resigned during telephone conversation - Store manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: More likely than not that applicant verbally tendered resignation on phone but not fair and reasonable for respondent faced with employee becoming increasingly volatile and agitated over the phone to conclude genuine intention to resign. Employment agreement allowed only for resignation to be in writing. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $384 reimbursement of lost wages. $1,500 compensation appropriate. |
| Result | Application granted; Contributory conduct (50%); Reimbursement of lost wages ($384.61); Compensation for humiliation etc ($1,500); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s128(2) |
| Cases Cited | Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 February 1994, WEC3/94;Kostic v Dodd t/a Allan Milligan Cars and/or Motorworld Systems Ltd t/a Allen Milligan Cars unreported, Couch J, 11 July 2007, CC14/07;Taylor v Milburn Lime Ltd [2011] NZEmpC 164 |
| Number of Pages | 14 |
| PDF File Link: | 2014_NZERA_Wellington_91.pdf [pdf 204 KB] |