| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 97/01 |
| Hearing date | 18 Jul 2001 |
| Determination date | 02 August 2001 |
| Member | Y S Oldfield |
| Representation | G Peploe ; D Stone |
| Location | Auckland |
| Parties | Sturmfels v Grattan Collision Repairs Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Left premises after altercation with colleague - Had previously being warned position in jeopardy for leaving workplace - Whether managing director witnessed incident - Refused request by managing director to discuss incident - Credibility - Applicant's evidence preferred - No witnesses to incident - No sufficient reason to justify walking out - Employer's actions amounted to dismissal - Dismissal substantially justified but procedurally unfair - 100 percent contributory conduct reduced remedies to nil - Panel beater/workshop foreman |
| Result | Application granted ; Contributory conduct reduced remedies to nil ; Costs reserved |
| Statutes | ERA s124 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |