| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 205 |
| Hearing date | 18 Sep 2014 |
| Determination date | 08 December 2014 |
| Member | D Appleton |
| Representation | G Burness ; P Butler |
| Location | Kaikoura |
| Parties | Walker v Gael and Anor |
| Other Parties | Watson |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondents – Whether applicant dismissed or abandoned employment – Whether applicant dismissed after handing in notice – PENALTY – Applicant sought penalty for respondents’ failure to provide employment agreement prior to commencement of employment – Junior assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant dismissed during telephone conversation. No opportunity for applicant to explain why applicant failed to show up for work that day or why applicant so upset. Dismissal unjustified. REMEDIES: 25 per cent contributory conduct. Respondents to pay applicant $183 reimbursement of lost wages. $3,750 compensation appropriate.;PENALTY: Penalty only sought in closing submissions. No penalty. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (25%) ; Reimbursement of lost wages ($183.19) ; Compensation for humiliation etc ($3,750) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s114;ERA s128;ERA s160(1)(a) |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Christchurch_205.pdf [pdf 297 KB] |