| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 198/04 |
| Hearing date | 17 May 2004 |
| Determination date | 08 June 2004 |
| Member | D King |
| Representation | A McKay ; J O'Connell |
| Location | Auckland |
| Parties | Morris v The Ministry of Justice |
| Summary | UNJUSTIFIED DISMISSAL - Applicant resigned - Subsequent altercation with supervisor over management decision - Decision to pay out applicant's notice period - Intended investigation into altercation not carried out - Entitlement under employment agreement to pay out notice applied only in dismissal situation - Employees entitled to work out notice period on resignation unless agreed otherwise - No such agreement in present case - Unjustified dismissal - Further basis for determination even if above interpretation incorrect - Applicant blamed for situation with no opportunity to comment - Entitled to compensation for humiliation despite prior resignation - Assertion of contributory conduct impossible in absence of investigation - Victim advisor |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |