| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 61 |
| Hearing date | 31-May-16 |
| Determination date | 31 May 2016 |
| Member | Michael Loftus |
| Representation | P McKenzie-Bridle ; J Dempsey |
| Location | Wellington |
| Parties | Singh v Full Tank Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Abandonment - Applicant claimed unjustifiably dismissed by respondent - Applicant delayed return from leave due to illness - COSTS - Applicant sought contribution towards costs - Store Manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Applicant had not disappeared and respondent understood he intended to return. Applicant did not fail to attend work for two consecutive days as required by contract. No abandonment. Respondent unable to rely on performance concerns without considering applicant’s response. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $9,790 reimbursement of lost wages. $5,000 compensation appropriate.COSTS: One day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $3,500 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($9,790.30) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($3,500) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s124 - ERA s128(2) |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Wellington_61.pdf [pdf 170 KB] |