| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 11/04 |
| Hearing date | 27 Jan 2004 |
| Determination date | 04 February 2004 |
| Member | P R Stapp |
| Representation | M Andrews ; K Nairn |
| Location | Marton |
| Parties | Conder v Central House Movers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment - Serious misconduct - Workplace injury and absences - Contacted employer at last minute regarding absence - Alleged excessive consumption of painkillers at work - Numerous indicia of dismissal - Applicant told not to bother returning to work - Applicant had genuine reasons for absences because of injury - Respondent should have raised concerns regarding painkiller allegations - No investigation made or opportunity to respond given - Dismissal unjustified - Remedies - Applicant failed to provide medical certificate and ACC forms within his possession - One-third reduction for contributory conduct - COSTS - Successful personal grievance - One day investigation meeting - Contribution sought to total costs of $3,000 - Matter relatively straightforward - Parties should have settled matter - Failure by parties to communicate with each other added unnecessarily to costs - Less than usual award appropriate |
| Result | Application granted ; Reimbursement of lost wages ($2,650.75 reduced to $1,767.16)(3 months) ; Compensation for humiliation etc ($1,500 reduced to $1,000) ; Costs in favour of applicant ($1,000) |
| Number of Pages | 15 |
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