Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2014] NZERA Auckland 501
Hearing date 5 Nov 2014
Determination date 05 December 2014
Member J Crichton
Representation H White ; L Zhu
Location Auckland
Parties Todd v OPA Architects Ltd
Summary UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant abandoned position - Intermediate architectural designer
Abstract AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Difficult not to construe instruction to applicant to leave office, threat to call Police, refusal to allow applicant to take drawings and requirement that applicant return office key as sending away. Applicant dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,496 reimbursement of lost wages. $7,500 compensation appropriate.
Result Application granted ; Reimbursement of lost wages ($6,496) ; Compensation for humiliation etc ($7,500) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
Main Category Personal Grievance
Number of Pages 9
PDF File Link: 2014_NZERA_Auckland_501.pdf [pdf 163 KB]