| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 88/03 |
| Hearing date | 3 Jun 2003 |
| Determination date | 23 June 2003 |
| Member | P R Stapp |
| Representation | T Snell ; E & G Flynn |
| Location | Napier |
| Parties | Birch v Xpressions Fashion Clothing Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Oral employment agreement - Whether dismissal, resignation or abandonment - Whether dismissal procedurally fair - Reduction in profits caused concern for respondent - Numerous conversations about concerns - Unable to contact applicant to arrange meeting - Informed same day as meeting - Alleged significant abuse at meeting - Written warning given which reduced applicant's position and hours - Following day discussion about matters not working out - Received letter accepting resignation for failure to attend work for previous 3 days - Dismissal lacking in procedural fairness - No advanced warning of meeting or its content - No proof of resignation - Dismissal could have amounted to actual or constructive dismissal - Dismissal substantively unjustified and procedurally unfair - COSTS - Costs to follow event - Reasonable contribution appropriate - Shop manager |
| Result | Application granted ; Reimbursement of lost wages ($5,700) ; Compensation for humiliation etc ($6,000) ; Costs in favour of applicant ($2,000) ; Disbursements ($70)(Filing fee) |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |