| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 21/03 |
| Hearing date | 24 Oct 2002 |
| Determination date | 23 January 2003 |
| Member | R A Monaghan |
| Representation | E Randle ; W Ross |
| Location | Auckland |
| Parties | Henare v Trilateral Training Professionals Trust |
| Summary | UNJUSTIFIED DISMISSAL - Whether resignation or dismissal - Disagreements between employees - Applicant given number of options - Took option of resignation with exit package - Last day of work agreed on - Dismissal prior to determination date - No exit package offered - Purported withdrawal of resignation ineffective - Dismissal unjustified due to early dismissal - Remedies - Compensation for injury resulting from personal grievance only - No evidence of injury from early dismissal - Lost wages reduced to nil due to contributory conduct - Fair and reasonable exit package 1 month's salary - ARREARS OF WAGES - No agreement to pay applicant higher salary or commission - No entitlement to severance pay - COSTS - District Court Rules did not apply in employment jurisdiction - No jurisdiction to award costs for mediation - Activities relating to the restoration of applicant's credit rating and defending integrity not part of legal proceedings - Training development manager |
| Result | Application granted ; Reimbursement of lost benefit ($4,181.25)(Exit package) ; Costs reserved |
| Statutes | ERA s123;ERA s124;ERA s128 |
| Cases Cited | Walley v Gallagher Group Ltd [1998] 3 ERNZ 1153 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |