| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 167/03 |
| Hearing date | 27 Mar 2003 |
| Determination date | 06 June 2003 |
| Member | K J Anderson |
| Representation | G Muller ; M Tololi |
| Location | Auckland |
| Parties | Lockwood v Twin Pines Ltd t/a Karaka Group Management |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Unauthorised absence from work - Failure to attend work reported to manager by co-worker - Co-worker had to work shift alone - Confronted by manager and dismissed - Lack of procedural fairness - Differing accounts regarding absence not considered - Dismissal substantively unjustified - Remedies - Failure to mitigate - No award for lost wages past the 3 months provided by s128(2) Employment Relations Act 2000 - No evidence of hurt or humiliation - Contributory conduct 25 percent - Horse keeper |
| Result | Application granted ; Reimbursement of lost wages ($6,500 reduced to $4,875) ; Costs reserved |
| Statutes | ERA s128(2) |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |