| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 137/04 |
| Hearing date | 26 Feb 2004 |
| Determination date | 22 April 2004 |
| Member | K J Anderson |
| Representation | H Thorpe ; J Lendich |
| Location | Auckland |
| Parties | Tuialii v Wendco (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether abandoned employment or dismissed - Applicant employed underage sister - Advised that action could be considered serious misconduct and suspended - Letters for applicant sent to wrong addresses - Failed attempts to contact applicant by phone - One phone call to applicant but applicant failed to identify herself - Applicant took instruction to not make contact with workplace literally - Not open to respondent to have concluded that applicant abandoned employment - Dismissal procedurally and substantively unjustified - UNJUSTIFIED DISADVANTAGE - Suspension - Alleged suspension necessary on health and safety grounds - While sister should not have remained in work place for health and safety reasons, no problem with actions of applicant being addressed while remained in employment or at least possibility of suspension discussed with her - Suspension procedurally and substantively unjustified - Remedies - Contributory conduct 50 percent - Shift supervisor |
| Result | Application granted ; Reimbursement of lost wages ($1,108.80 reduced to $554.40) ; Compensation for humiliation etc ($5,000 reduced to $2,500); Costs reserved |
| Cases Cited | Association of Staff in Tertiary Education v Northland Polytechnic Council [1992] 2 ERNZ 943 |
| Number of Pages | 6 |
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