| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 104/01 |
| Determination date | 08 August 2001 |
| Member | WRC Gardiner |
| Representation | P Elder ; G Pollak |
| Location | Auckland |
| Parties | Whitson v Sabre Corporation Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant gave 9 weeks notice of resignation - Negotiation between parties as to earlier termination but no agreement - Applicant dismissed and given 4 weeks pay in lieu of notice - Summary dismissal - Employment ended on day he was advised of termination - Contractual right to give 4 weeks notice did not justify dismissal - Feared applicant might be unproductive during notice period - Must have been poor performance and lack of improvement before dismissal justified - No evidence of dismissal for reason of redundancy - Entitled to give notice longer than contractual notice period - Dismissal unjustified |
| Result | Application granted ; Reimbursement of lost wages etc ($5,300) ; Reimbursement of lost benefit ($1,212)(vehicle privileges) ; Compensation for humiliation ($2,000) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Auckland & Gisborne Amalgamated Society of Shop Employees and Related Trades IUOW v Bos Upholstery Ltd [1985] ACJ 477;Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Coca-Cola Amatil (NZ) Ltd v Kaczorowski [1998] 1 ERNZ 264 Gibson v GFW Agri-Products Ltd [1995] 2 ERNZ 309;Gibson v GFW Agri-Products Ltd [1995] 2 ERNZ 309;Schollum v Andrew & Ors (t/a Coastal Communications) unreported, Colgan J, 12 August 1996, AEC 45/96 |
| Number of Pages | 8 |
| PDF File Link: | aa 104_01.pdf [pdf 34 KB] |