| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 338/03 |
| Hearing date | 1 Oct 2003 |
| Determination date | 10 November 2003 |
| Member | J Wilson |
| Representation | K Nicolson ; P Perrott |
| Location | Auckland |
| Parties | Brebner v Moon Fish Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Conflicting accounts of meeting - Alleged respondent's managing director aggressive, hostile, and used foul language - Applicant dismissed - Managing director had concerns regarding applicant's performance but did not follow formal disciplinary process to address concerns - Unjustified dismissal - Remedies - Contributory conduct 10 percent - PENALTY - Claim raised for first time in closing submissions - No evidence or submissions heard so inappropriate to determine issue |
| Result | Application granted ; Reimbursement of lost wages ($9,999 reduced to $9,000) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s135 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |