| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 72/01 |
| Determination date | 27 June 2001 |
| Member | A Dumbleton |
| Representation | C LaHatte ; No appearance |
| Location | Auckland |
| Parties | Bradshaw v Muffin Break Manukau Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - No appearance for respondent - No good cause for failure to appear - Applicant accused of misconduct and resignation requested - Given letter with complete list of allegations and one week's notice of termination - Back-dated warning for incorrect timesheet entry - Final warning for disrespect towards employer - No opportunity to respond to some allegations - Explanation was one a reasonable employer should have accepted - Matters were minor and did not constitute serious misconduct - Could not justify a dismissal by themselves - No proper investigation - Respondent's actions were not those of reasonable employer - ARREARS OF WAGES - Not paid for hours worked - Monies due and owing - Cafe worker |
| Result | Application granted ; Arrears of wages ($504.40) ; Compensation for humiliation etc ($4,000) ; Costs in favour of applicant ($1,250) ; Disbursements ($70) |
| Statutes | ERA Schedule 2 cl12 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |