| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 76/03 |
| Hearing date | 13 Jun 2003 |
| Determination date | 07 July 2003 |
| Member | H Doyle |
| Representation | T Sisson ; R Gibson |
| Location | Christchurch |
| Parties | Szentpeteri v Ferrymead Tavern Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether resignation, abandonment or dismissal - Applicant failed to turn up to shift or arrange replacement - Applicant was shifting house, had separated from her partner, and had her bond money stolen - Applicant phoned manager following day to apologise - Applicant dismissed during phone conversation - No attempt to justify dismissal - Dismissal procedurally and substantively unjustified - Remedies - Offer of job back not timely or genuine - Applicant had sufficient grounds to refuse offer - Contributory conduct of 20 percent - Waitress/person |
| Result | Application granted ; Reimbursement of lost wages ($2,340 reduced to $1,872)(3 months) ; Compensation for humiliation etc ($3,000 reduced to $2,400) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | Wellington etc Clerical Workers Union v Greenwich [1983] ACJ 965 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |