| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 81 |
| Hearing date | 7-Mar-16 |
| Determination date | 11 March 2016 |
| Member | James Crichton |
| Representation | J McGirr ; no appearance |
| Location | Hamilton |
| Parties | MacGregor v Corboy Forest Management Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent –COSTS – Applicant sought contribution towards costs – No appearance for respondent – Truck driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent’s text messages constituted actual dismissal or in alternative constituted constructive dismissal by deprivation of work and reasonably foreseeable employment relationship would end. Respondent made efforts to resolve matter despite applicant’s efforts and set out to make things difficult. Applicant successfully applied for annual leave on previous occasion through same informal system. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $5,548 reimbursement of lost wages. $7,000 compensation for humiliation etc appropriate.;COSTS: Successful personal grievance claim. Less than one day investigation meeting. Authority found respondent materially added to applicant’s costs, increased daily tariff appropriate. Respondent to pay applicant $4,000 contribution towards costs. |
| Result | Application granted ; Reimbursement of lost wages ($5,548.80) ; Compensation for humiliation etc ($7,000) ; Costs in favour of applicant ($4,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s123(1)(c)(i);ERA s128(2);ERA s128(3) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Auckland_81.pdf [pdf 229 KB] |