| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 69 |
| Hearing date | 27 Jan 2015 |
| Determination date | 11 March 2015 |
| Member | J Crichton |
| Representation | G Bennett ; J Gandy |
| Location | Auckland |
| Parties | Mayson v Golden Gun (2007) Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether unjustified disadvantage grievance raised within 90 days – Unjustified disadvantage - UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal while on leave - Whether applicant abandoned employment – Whether parties able to contract out of statutory leave entitlements – Apprentice |
| Abstract | AUTHORITY FOUND –RAISING PERSONAL GRIEVANCE: Unjustified disadvantage grievance raised five months after situation arose. Unjustified disadvantage grievance not raised within 90 days.UNJUSTIFIED DISMISSAL: Respondent unable to prevent applicant from taking statutory leave entitlements. Applicant could not have contracted out of leave entitlements, even with consent. Applicant unable to return to work when asked as on holiday. Respondent referred to applicant being on leave at time of holiday. Respondent knew applicant had not abandoned employment. Fair and reasonable employer could not conclude applicant abandoned employment. Respondent summarily dismissed applicant by saying employment would be terminated if applicant did not return. Summary dismissal not substantively justified. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Applicant should not have gone on leave without getting approval. Respondent to pay applicant $2,280 reimbursement of lost wages. $4,000 compensation appropriate. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (20%) ; Reimbursement of lost wages ($2,280) ; Compensation for humiliation etc. ($4,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Application dismissed (raising personal grievance) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124;Holidays Act 2003 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Auckland_69.pdf [pdf 173 KB] |