| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 143/04 |
| Hearing date | 29 Oct 2004 |
| Determination date | 29 November 2004 |
| Member | J Crichton |
| Representation | D Lloyd ; T Devlin |
| Location | Christchurch |
| Parties | Cooper (formerly Schiller) v Gray Fur Trading Co Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Applicant left work to attend husband's grandmother's funeral - Told staff member as manager not present - Later communicated return date to another staff member - Upon return manager conveyed he was unhappy and needed time to think about situation - Applicant made unsuccessful attempts to obtain clarification - After respondent discovered she had applied for another job applicant received letter stating she was deemed to have abandoned her employment - Applicant had not abandoned employment - Respondent did not take steps to establish whether there had been abandonment - Dismissal unjustified - Remedies - Contributory conduct - No legal entitlement to take time off without respondent's explicit consent - Contribution 25% - Lost remuneration - Shop closed seven weeks later due to lack of business after SARS virus - Would have been dismissed so reimbursement limited to seven weeks - COSTS - Five hour investigation meeting - Various delays by respondent - Reasonable costs $3,750 - Disbursements - Appropriate respondent reimburse applicant for costs associated with rescheduling airfare because of respondent's request for adjournment |
| Result | Application granted ; Reimbursement of lost wages ($1,895) ; Compensation for humiliation etc ($12,000 reduced to $8,000) ; Costs in favour of applicant ($3,750) ; Disbursements (Rescheduled airfare)($274.36) |
| Statutes | ERA s124;ERA Second Schedule cl15 |
| Cases Cited | EN Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97;Lwin v A Honest International Co Ltd [2003] 1 ERNZ 387;Tupou v Carter Holt Harvey Packaging unreported, L Robinson, 10 November 2004, AA 329A/04;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 7 |
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