| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 270/03 |
| Hearing date | 25 Aug 2003 |
| Determination date | 04 September 2003 |
| Member | R A Monaghan |
| Representation | M McCarthy ; D Venter |
| Location | Auckland |
| Parties | Johnson v Karreman Bloodstock Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant involved in fight with co-worker - Applicant told manager of incident and indicated unwillingness to work with someone who punched him - Applicant left for day for doctor's appointment but returned to work following day - Manager believed applicant resigned after discussion with him and informed him he had finished 2 days earlier - Not persuaded applicant stated expressly that he refused to work at all - Applicant permanent not casual employee - Unjustified dismissal - Contributory conduct from involvement in fight, statements made about working with co-worker, and not advising respondent of medical appointment - ARREARS OF HOLIDAY PAY - Claim limited to when respondent became applicant's employer - Holiday pay due and owing - One day's pay for statutory holiday due and owing - COSTS - Respondent to pay applicant costs of $1,000 plus filing fee - General labourer |
| Result | Application granted ; Reimbursement of lost wages ($2,032) ; Compensation for humiliation etc ($1,000) ; Arrears of holiday pay ($645.60) ; Costs in favour of applicant ($1,000) ; Filing fee ($70) |
| Statutes | Holidays Act 1981 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |