| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 163/04 |
| Hearing date | 20 Oct 2003 |
| Determination date | 12 May 2004 |
| Member | K J Anderson |
| Representation | S Stewart ; A Armstrong, M Sharp |
| Location | Auckland |
| Parties | Dowdall v Tauranga Women's Refuge Inc |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal on medical grounds and because of alleged unsatisfactory service/serious misconduct - Additional ground that relationship principles underpinning employment agreement had been breached by applicant - Fixed term contract - Applicant alleged workplace stress - Difficulties working with new manager - Counselling then sick leave - Conveyed wish to return to work but not until safe environment - Wrote letter outlining concerns and criticising manager - Strategies to facilitate applicant's return to work by Core Group within respondent - Incident where applicant called manager to crisis situation but was nothing urgent about situation - Manager unhappy about decision and advocated termination of applicant's employment - Applicant dismissed - Dismissal so unfair and unreasonable was clearly substantively and procedurally unjustified - Remedies - Fact that respondent non-profit organisation and funds not readily available taken into account - No mitigation of loss - ARREARS OF HOLIDAY PAY - Claim dismissed - Women's Refuge advocate |
| Result | Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($6,597.50)(13 weeks) ; Compensation for humiliation etc ($4,000) ; Application dismissed (Arrears of holiday pay) ; Costs reserved |
| Statutes | ERA s124 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |