| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 320 |
| Hearing date | 27-May-15 |
| Determination date | 13 October 2015 |
| Member | Vicki Campbell |
| Representation | A Hope ; A Foster |
| Location | Auckland |
| Parties | Williams v Burkhart Building Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor performance - Applicant claimed unjustifiably disadvantaged by abuse and respondent’s failure to provide applicant with notice or respond to concerns – Builder |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Allegedly abusive text messages consistent with general use of language between parties and did not appear to have provoked any lasting conflict. Respondent failed to give applicant notice pay or allow applicant to respond to performance concerns. Applicant unjustifiably disadvantaged. Respondent initiated termination of employment relationship and confirmed this by offering applicant potential alternative employment and a reference. Respondent took applicant’s lack of protest as consent to termination but Authority not satisfied actual agreement existed between parties to terminate employment. Respondent failed to follow any proper process. Dismissal unjustified. REMEDIES: No contributory conduct. $5,000 compensation appropriate. |
| Result | Applications granted ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5);ERA s124;ERA s174E |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_320.pdf [pdf 174 KB] |