| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 29 |
| Hearing date | 5 Jan 2015 - 28 Jan 2015 (3 days) |
| Determination date | 30 January 2015 |
| Member | J Crichton |
| Representation | A Silberstein ; No appearance |
| Location | Auckland |
| Parties | Bridle v Uprite Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent - Whether applicant abandoned employment – COSTS – Less than one day investigation meeting – Applicant sought contribution towards costs – Authority found appropriate to apply normal daily tariff – Respondent to pay applicant $2,000 contribution towards costs - Sales manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant did not abandon employment. Applicant tried to keep working after refusing offer to be paid commission only. Respondent removed applicant’s access to work devices so applicant couldn’t work, then summarily dismissed applicant. Respondent ended employment relationship. Dismissal unjustified. REMEDIES: No contributory conduct. $12,500 compensation for humiliation etc. appropriate. $5,000 compensation appropriate for loss of salary, car allowance and holiday pay benefits.COSTS: Less than one day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $2,000 contribution towards costs. |
| Result | Application granted ; Compensation for humiliation etc. ($12,500) ; Compensation for loss of benefit ($5,000)(salary, car allowance and holiday pay) ; Costs in favour of applicant ($2,000) |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_29.pdf [pdf 158 KB] |