| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 148 |
| Hearing date | 4-Aug-17 |
| Determination date | 07 September 2017 |
| Member | D Appleton |
| Representation | K Murray ; W Pitches |
| Location | Christchurch |
| Parties | Morris v P & W Painters Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Brush Hand |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Evidence supports that applicant did not abandon his job. Respondent terminated applicant’s employment. Respondent did not inform applicant of concerns over employment and was not aware the concerns existed. No fair procedure followed. Dismissal unjustified. |
| Result | REMEDIES: 20 per cent contributory conduct. $6,000 compensation appropriate |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s128 |
| Cases Cited | Iritana Horowai Ngawharau v The Porirua Whanau Centre Trust [2015] NZEmpC 89;Judea Tavern Ltd v Patricia Jesson [2017] NZEmpC 82 |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Christchurch_148.pdf [pdf 187 KB] |