| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 374 |
| Hearing date | 23-Nov-17 |
| Determination date | 06 December 2017 |
| Member | A Fitzgibbon |
| Representation | A Swan ; V Leach |
| Location | Auckland |
| Parties | Elsegood v Propellor Property Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Administrative Role |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Text message clear and unequivocal expression of the respondent’s intention to dismiss applicant. Applicant following text message, returned her keys, swipe card, and car and moved out of apartment she shared with principal of respondent. Text message classified as summary dismissal. Respondent made serious allegations of fraudulent behaviour and did not allow applicant a chance to respond. Text message was not what a fair and reasonable employer could have done in all circumstances. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $14,583 reimbursement of lost wages. $1,679 reimbursement of expenses. $3,000 compensation for loss of benefit of expected bonus. $15,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($14,583.32) ; Interest (5%) ; Reimbursement of expenses ($1,679) ; Compensation for loss of benefit ($3,000) ; Compensation for humiliation ($15,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERAs103(3);ERA s124;ERA s128;ERA s128(1);ERA s174E;Judicature Act 1908 s87(3);Judicature (Prescribed Rate of Interest) Order 2011 cl11 |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Auckland_374.pdf [pdf 202 KB] |