| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 49/01 |
| Determination date | 02 August 2001 |
| Member | S Bathgate |
| Representation | J Dell ; J Abbott |
| Location | Wellington |
| Parties | Simmonds v South Wairarapa Auto Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Partner confronted by applicant's colleagues at Christmas function about the purchase of tyres - Laid complaint of assault with Police - Applicant attended work the next day - Left suddenly after receiving a phone call - Suspended on her return to work - Told she would be notified of decision - Unsuccessful attempts made to contact applicant - Alleged failed to appear at workplace at end of suspension - No abandonment of employment - Applicant awaiting notification as instructed - No evidence of procedural fairness - Dismissal substantially and procedurally unjustified - UNJUSTIFIED DISADVANTAGE - No evidence of disciplinary action taken against perpetrator of assault - Disparity of treatment of employees - Applicant disadvantaged in her employment - Office assistant and truck cleaner |
| Result | Application granted ; Reimbursement of lost wages ($2,600) ; Compensation for humiliation ($4,000) ; Arrears of wages ($371.37) ; Arrears of holiday pay ($95.04) ; Costs reserved |
| Number of Pages | 3 |
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