| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 187 |
| Hearing date | 27 Jun 2014 |
| Determination date | 19 November 2014 |
| Member | D Appleton |
| Representation | D Beck ; M Kirkland |
| Location | Christchurch |
| Parties | Goodger v Goodger t/a Mainly Doors |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant requested time off at short notice to attend to EQC repairs of property - Respondent agreed to some time off but required applicant to work during some of requested time - Profanity - Whether applicant dismissed or resigned - Applicant later apologised for language used - Family relationship - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - Labourer |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Profanity used in heat of moment. Respondent refused to accept applicant's apology. Implicit applicant sought to retract resignation. Respondent quick to confirm resignation. Respondent had duty of good faith to allow cooling off period. If Respondents had allowed cooling off period they would have established applicant regretted words that indicated resignation. Applicant dismissed. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $2,800 reimbursement of lost wages. $4,000 compensation appropriate.;ARREARS OF HOLIDAY PAY - Applicant paid arrears of holiday pay. No arrears of holiday pay. |
| Result | Application granted (unjustified dismissal); Contributory conduct (50%); Reimbursement of lost wages ($2,800); Compensation for humiliation etc ($4,000); Application dismissed (arrears of holiday pay); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b);ERA s103A;ERA s124;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 | 15 |
| PDF File Link: | 2014_NZERA_Christchurch_187.pdf [pdf 258 KB] |