| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 59 |
| Hearing date | 6-Apr-17 |
| Determination date | 24 April 2017 |
| Member | P van Keulen |
| Representation | M Harrison ; J Tonner |
| Location | Christchurch |
| Parties | Faulkner v Lois Ussher t/a The Little River Garage |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed dismissed by respondent. |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant abusing and throwing dog food at respondent did not amount to resignation. Applicant indicated in letter she believed she had been dismissed and had not intended to resign. Respondent’s failure to respond to letter amounted to dismissal. Dismissal unjustified. REMEDIES: 35% contributory conduct. Respondent to pay applicant $4,269 reimbursement of lost wages. $3,900 compensation appropriate. |
| Result | Application granted ; Contributory conduct (35%) ; Reimbursement of lost wages ($4,269.79) ; Compensation for humiliation etc ($3,900) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4, ERA s103A ; ERA s124 ; ERA s 128(2) |
| Cases Cited | Boobyer v Good Health Wanganui Ltd EmpC Wellington WEC3/94, 24 February 1994;Harris v The Warehouse Ltd [2014] NZEmpC 188, [2014] ERNZ 480;New Zealand Cards Ltd v Ramsay [2012] NZEmpC 51;Pavonski v Marine Trimmers and All Awnings 2004 Ltd (2008) 5 NZELR 739 (EmpC);Taylor v Milburn Lime Ltd [2011] NZEmpC 164 |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Christchurch_59.pdf [pdf 235 KB] |