| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 21/03 |
| Hearing date | 17 Feb 2003 |
| Determination date | 18 February 2003 |
| Member | D Asher |
| Representation | G Ogilvie ; T Chin |
| Location | Wellington |
| Parties | Clark v Wellington Egg Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether resignation or dismissal - Alleged abuse and threat by another employee - Left workplace - Respondent condoned past walk-off incident - Told respondent next day that wanted to return to work - Respondent obliged to investigate safety concern - Obligation to check whether departure was resignation - No fair and reasonable basis for not meeting with applicant - Dismissal unjustified - Contributory conduct 50 percent - PENALTY - Company taken over - New written employment agreement not signed - No penalty imposed for failure to provide written agreement - Breach noted - Farm hand |
| Result | Application granted ; Reimbursement of lost wages (3 months)(Quantum to be determined by parties) ; Compensation for humiliation etc ($4,500 reduced to $2,250) ; Costs reserved |
| Statutes | ERA s65;ERA s123(c)(i);ERA s124;ERA s128(2) |
| Cases Cited | EN Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |