| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 216 |
| Hearing date | 20 Jul 2015 |
| Determination date | 23 July 2015 |
| Member | R Larmer |
| Representation | S Chan ; S Thode |
| Location | Auckland |
| Parties | Kar v Baker Magnum Ltd t/a Baker Harvest |
| Summary | UNJUSTIFIED DISMISSAL - Abandonment - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant summarily dismissal during medical leave - ACC - Whether applicant abandoned employment - Whether applicant resigned - Applicant allegedly communicated desire not to work during phone conversation with respondent - Applicant allegedly shared salary details with co-worker - Baker supervisor |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant on certified sick leave. Applicant did not abandon employment. No unambiguous statement of resignation and four weeks’ notice not given. Respondent not entitled to seize on words not intended to, or capable of, amounting to resignation. No resignation. Applicant dismissed. Respondent failed to consult applicant as to applicant’s intention regarding ongoing employment. Respondent failed to provide access to or an opportunity to comment on information relevant to ongoing employment. Respondent failed to be active or constructive in maintaining productive employment relationship. No process followed by respondent. Respondent breached good faith obligations. REMEDIES: No contributory conduct. Respondent to pay applicant $3,186 reimbursement of lost wages and holiday pay. Interest payable. $4,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($3,186.40) ; Interest (7.5%) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s4(1A)(b);ERA s4(1A)(c);ERA s124;ERA s128(2);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(4);Judicature Act 1908 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_216.pdf [pdf 227 KB] |