| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 111 |
| Hearing date | 18 Dec 2014 |
| Determination date | 17 April 2015 |
| Member | J Crichton |
| Representation | M Hodge (in person) ; M Donovan |
| Location | Auckland |
| Parties | Hodge v Hibiscus Coast Scaffolding Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Whether applicant resigned or dismissed – Applicant undischarged bankrupt –COUNTERCLAIM - BREACH OF CONTRACT – Respondent sought damages for applicant’s breach of employment agreement – Whether applicant failed to return company property and required to pay insurance excess for accident caused by applicant – Scaffolder |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Text message sent by applicant act of resignation, but not immediate act of resignation. Applicant intended to finish current project before resigning. Respondent ended employment relationship unilaterally by telling applicant that dismissed and collecting company property. Applicant dismissed. Dismissal unjustified. REMEDIES: 100 per cent contributory conduct.COUNTERCLAIM - BREACH OF CONTRACT: Costs alleged by respondent concerning applicant’s alleged failure to return company property and insurance excess for accident caused by applicant normal business costs. Parties ordered to return property belonging to the other. No damages. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (100%) ; Application partially granted (counterclaim - breach of contract) ; Orders made ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s128 |
| Cases Cited | Young v Bay of Plenty District Health Board [2013] NZEmpC 131, [2013] ERNZ 395 |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Auckland_111.pdf [pdf 178 KB] |