| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 105/04 |
| Hearing date | 11 Aug 2004 |
| Determination date | 13 August 2004 |
| Member | D Asher |
| Representation | G Irwin ; PL Lim |
| Location | Wellington |
| Parties | Batchelor v Hot Rocks Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant left work briefly following altercation with co-worker - Offers to return to work refused by respondent - Dismissed next day after completing normal hours of work - No basis to support claim that applicant abandoned employment - Absence brief and mitigated by offers to return immediately - Clearly at work next day at time of termination - No basis for finding of unreliability - No opportunity to comment on finding before dismissal - Dismissal substantively and procedurally unjustified - REMEDIES - New employment found after two weeks but lower wage - Entitled to reimbursement of lost wages and compensation for humiliation - Chef |
| Result | Application granted ; Reimbursement of lost wages ($2,698)(13 weeks) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Statutes | ERA s65;ERA s123(b);ERA s123(c);ERA s124 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |