| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 371/03 |
| Hearing date | 18 Sep 2003 - 14 Oct 2003 (2 days) |
| Determination date | 05 December 2003 |
| Member | K Raureti |
| Representation | G Spry ; P Fitzgerald |
| Location | Auckland |
| Parties | Kellie v List |
| Summary | UNJUSTIFIED DISMISSAL - Whether abandonment or constructive dismissal - Applicant left work after feeling unwell - Alleged constructive dismissal at that point or during later communications with respondent - No dismissal when applicant left work - Not dismissed during later conversations - Reasonable for respondent to have followed up with applicant after left work place - Inaction not repudiatory action sufficient to constitute constructive dismissal - No unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Inaction by respondent meant applicant's employment affected to his disadvantage - Disadvantage established - Remedies - Contributory conduct 50 percent - PENALTY - Oral employment agreement - Application out of time - No penalty could be imposed - Dairy farm worker |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,500) |
| Statutes | ERA s64(2);ERA s65(2);ERA s135(5) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;EN Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Postlethwaite v Gas Company Ltd unreported, H Doyle, 30 July 2003 (CA 84/03);Wellington Clerical Workers' IUOW v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965;Western Excavating (ECC) Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 7 |
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