| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 85/03 |
| Hearing date | 11 Jul 2003 |
| Determination date | 30 July 2003 |
| Member | P Cheyne |
| Representation | G & J Bristow (In person) ; L & R Green (In person) |
| Location | Christchurch |
| Parties | Bristow & Anor v Green & Anor |
| Other Parties | Bristow, Green |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether resigned or dismissed - Second applicant resigned - First applicant used practice to stop cows kicking which was unacceptable - First applicant continued to use practice after told not to - First applicant left shed after confrontation with respondent - Respondent could not have safely relied on first applicant's words and actions as amounting to resignation - First applicant dismissed - Dismissal procedurally unjustifiable - Remedies - Contributory conduct significant - No compensatable loss of benefit from loss of use of farm house - Herd manager |
| Result | Application granted ; Reimbursement of lost wages ($3,365 reduced to $1,000) ; Compensation for humiliation etc ($5,000 reduced to $1,000) ; Costs reserved |
| Cases Cited | Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |