| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 10 |
| Hearing date | 30-Nov-16 |
| Determination date | 17 January 2017 |
| Member | R Arthur |
| Representation | A Rangitaawa ; R Drake |
| Location | Otorohanga |
| Parties | Kingi v Supa Shavings Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of loan monies - Baler and general hand |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant resigned in heat of moment, but respondent allowed applicant cooling off period and then sought meeting to resolve matter and confirm employment status. Respondent did not sent applicant away, applicant walked out. Applicant did not abandon employment as applicant not absent for three consecutive work days without notifying employer. No dismissal.ARREARS OF HOLIDAY PAY: Insufficient evidence to determine whether applicant owed holiday pay. No arrears.COUNTERCLAIM – RECOVERY OF MONIES: Insufficient evidence to determine whether applicant owed respondent money for loan. No recovery of monies. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Boobyer v Good Health Wanganui Ltd EmpC Wellington WEC3/94, 24 February 1994 ; Fagotti v Acme Ltd [2015] NZEmpC 135, (2015) NZELR 1 ; PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) ; Taylor v Milburn Lime Ltd [2011] NZEmpC 164, (2011) 9 NZELR 275 |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Auckland_10_amended.pdf [pdf 198 KB] |