| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 186 |
| Hearing date | 23 Oct 2014 |
| Determination date | 20 November 2014 |
| Member | H Doyle |
| Representation | D Beck, D Mills-Godinet ; R Thompson |
| Parties | Stalker v Graeme's Service Centre Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant told to pack bags and go after applicant presented respondent with list of concerns and proposed exit package during meeting – Whether applicant told to get out after seen speaking to fellow employee – Whether applicant resigned or abandoned employment – Workshop receptionist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant did not say anything during meeting suggesting applicant wanted to end employment relationship immediately. Respondent dismissed applicant in heat of moment when told applicant would be paid for two weeks, and to pack applicant’s stuff and get out. No attempt by respondent to communicate directly with applicant about applicant’s view had been dismissed, or deal with applicant’s view in constructive way. Applicant dismissed. Applicant’s presentation of letter outlining concerns did not justify dismissal. Procedural fairness requirements not met by respondent. Dismissal unjustified. REMEDIES: Presentation of non-negotiable exit package by applicant so soon after raising concerns blameworthy and contributed to personal grievance. 15 per cent contributory conduct. Respondent to pay applicant $3,939 reimbursement of lost wages. $5,950 compensation appropriate. |
| Result | Application granted ; Contributory conduct (15%) ; Reimbursement of lost wages ($3,939.58) ; Compensation for humiliation etc ($5,950) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s124 |
| Cases Cited | Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 February 1994, WEC3/94;New Zealand Cards Ltd v Ramsay [2012] NZEmpC 51 |
| Number of Pages | 14 |
| PDF File Link: | 2014_NZERA_Christchurch_186.pdf [pdf 248 KB] |