| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 358/04 |
| Hearing date | 28 Jul 2004 - 29 Jul 2004 (2 days) |
| Determination date | 08 November 2004 |
| Member | K J Anderson |
| Representation | D Neutze ; A Scott-Howman |
| Location | Auckland |
| Parties | Salt v Fell, Governor for Pitcairn, Henderson, Ducie and Oeno Islands |
| Summary | UNJUSTIFIED DISMISSAL - Deterioration of attitude and unwillingness to follow instructions - Applicant on fixed term contract but continued working after end of fixed term - Did not want to sign new agreement - Sought salary increase - Discussion over new agreement - Concerns about applicant's attitude - Refusal to co-operate with officials - Breakdown in relationship with respondent and deputy - Dismissal substantively and procedurally unfair - Applicant not warned that employment in jeopardy - Subsequent evidence showed respondent's view of applicant valid - Such evidence not available to respondent when made decision to dismiss - Remedies - Reinstatement inappropriate and not practicable - Irrefutable evidence that attitude and views of applicant at odds with respondent and other British Government officials - Contributory conduct 50 percent - Parties accepted New Zealand law applied and Authority had jurisdiction - Commissioner for Pitcairn Island |
| Result | Application granted ; Reimbursement of lost wages ($20,706 reduced to $10,353)(3 months) ; Compensation for humiliation etc ($12,000 reduced to $6,000) ; Costs reserved |
| Statutes | ECA s40(2);ERA s124;ERA s125 |
| Cases Cited | Ark Aviation v Newton [2001] ERNZ 133;Carlton and United Breweries (NZ) Pty Ltd v Bourke [1994] 2 ERNZ 1;Davis Trading v Lewis [1993] 2 ERNZ 272;Nelson Air Ltd v NZ Airline Pilots' Association [1994] 2 ERNZ 665;New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243;NZ (with exceptions) Food Processing etc IUOW v Unilever New Zealand Ltd [1990] 1 NZILR 35 |
| Number of Pages | 19 |
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