| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 113 |
| Hearing date | 21 Feb 2017 and 28 Feb 2017 (2 days) |
| Determination date | 13 April 2017 |
| Member | R Larmer |
| Representation | M Nutsford ; D Jaques |
| Location | Auckland |
| Parties | Toaisi v Free Range Egg and Poultry Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant was dismissed or resigned - Applicant believed dismissed when told to “go home” by manager in effort to deescalate incident - Applicant signed resignation letter prepared by respondent - COUNTERCLAIM - PRACTICE AND PROCEDURE - Whether applicant committed perjury - Respondent requested Authority to lodge complaint of perjury with police against applicant |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: The way applicant was sent home caused her to genuinely believe she was dismissed. English is applicant’s second language and likely played role in misunderstanding. Respondent had obligation to follow up applicant’s failure to attend work next three working days. Respondent’s failure to clarify applicant’s work status lead her to genuinely believe she was dismissed. Applicant believed needed to sign prepared resignation letter to receive final pay. Initiative for ending employment came from respondent. Applicant dismissed. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $7,816 reimbursement of lost wages. $3,500 compensation appropriate.;UNJUSTIFIED DISMISSAL: The way applicant was sent home caused her to genuinely believe she was dismissed. English is applicant’s second language and likely played role in misunderstanding. Respondent had obligation to follow up applicant’s failure to attend work next three working days. Respondent’s failure to clarify applicant’s work status lead her to genuinely believe she was dismissed. Applicant believed needed to sign prepared resignation letter to receive final pay. Initiative for ending employment came from respondent. Applicant dismissed. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant $7,816 reimbursement of lost wages. $3,500 compensation appropriate. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages ($7,816.43) ; Compensation for humiliation etc ($3,500) ; Application dismissed (counterclaim - practice and procedure) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s103A ; ERA s124 ; ERA s128(2) |
| Cases Cited | Wikaira v Chief Executive of the Department of Corrections [2016] NZEmpC 175, (2016) 10 NZELC 79-073;Wylie v Bosie New Zealand Ltd ERA Christchurch CA20/03, 26 February 2003;Xtreme Dining Ltd v Dewar [2016] NZEmpC 136, (2016) 10 NZELC 79-069 |
| Number of Pages | 18 |
| PDF File Link: | 2017_NZERA_Auckland_113.pdf [pdf 266 KB] |