| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 23 |
| Hearing date | 19-Dec-17 |
| Determination date | 24 January 2018 |
| Member | R Arthur |
| Representation | T Johnson (in person) ; J Thamm |
| Location | Tauranga |
| Parties | Johnson v Eurovet Ltd t/a Mount Vet |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent not giving her a chance to bring a support person or seek legal advice where performance issues raised – WAGE ARREARS – Applicant sought arrears of wages – Veterinary nurse/administrative assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Employment ended at applicant’s own initiative. Applicant abandoned employment. Respondent actively communicated with applicant to meet to discuss matters further and meet obligations to establish real intentions where there was a heat of the moment resignation. No dismissal. Meeting arranged to provide feedback to applicant after first two weeks on the job. No reason to expect conversation to escalate the way it did. Talking with applicant about concerns was something a fair and reasonable employer could have done in all the circumstances. No unjustified disadvantage.WAGE ARREARS: Respondent not liable to pay applicant wages for notice period. |
| Result | Applications dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s122;ERA s174E;ERA s238 |
| Number of Pages | 9 |
| PDF File Link: | 2018_NZERA_Auckland_23.pdf [pdf 113 KB] |