| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 84/03 |
| Hearing date | 24 Jun 2003 |
| Determination date | 30 July 2003 |
| Member | H Doyle |
| Representation | I Thompson ; H Evans |
| Location | Christchurch |
| Parties | Postlethwaite v Gas Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Hours varied by agreement for particular day - Required to work late - Alleged agreement to work less hours following day - Unable to carry out all of following day's duties - Went home without informing respondent - Unable to be contacted following day - Failed to attend work for following two shifts - Contacted respondent by phone - Informed of dismissal during phone conversation - Dismissal procedurally unfair - Remedies - Contributory conduct - Remedies reduced by 40 percent - PENALTY - Penalty for failure to provide written employment agreement - Respondent admitted failure - Respondent clear about future compliance - Penalty inappropriate |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Penalty) ; Reimbursement of lost wages ($3,250 reduced to $1,950) ; Compensation for humiliation etc ($5,000 reduced to $3,000) ; Costs reserved |
| Statutes | ERA s65;ERA s65(2)(a)(vi) |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |