| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 373/03 |
| Hearing date | 13 Nov 2003 |
| Determination date | 09 December 2003 |
| Member | M Urlich |
| Representation | J Down ; M Crotty |
| Location | Auckland |
| Parties | Slater v Wurth New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether abandoned employment or dismissed due to unauthorised absence from work - Serious misconduct - On last day of work before Christmas break applicant advised respondent might be late returning to work due to obtaining flight back to New Zealand from United Kingdom - No consent given by respondent - Applicant did not fill out annual leave form as required - Applicant failed to contact respondent - Dismissed by email after had not turned up to work 6 days after work started - Dismissal established - Lack of procedural fairness - Unable to demonstrate serious misconduct as no fair and reasonable enquiry undertaken - Dismissal unjustified - Remedies - Contributory conduct 50 percent - Sales consultant |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved |
| Statutes | ERA s124 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |