| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 392/04 |
| Hearing date | 13 Feb 2004 - 25 Jun 2004 (2 days) |
| Determination date | 01 December 2004 |
| Member | K J Anderson |
| Representation | B McCaffrey, R Gabbes ; J Peebles |
| Location | Auckland |
| Parties | McCaffrey v IT Training & Language Centre New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Earlier conflict with managing directors over attitude to instruction - Subsequent altercation between one managing director and applicant - Conflict of evidence - Probable that applicant offered to resign but then retracted resignation - Other managing director allowed cooling down" period over weekend - Apparent both parties believed employment relationship still in existence on Monday - Probable that then dismissed - Given previous incident and obvious incompatibility dismissal may have been an option but procedurally unfair - Dismissal unjustified - Remedies - Only employed for one month - Given incompatibility doubtful applicant expected long lasting employment - Taken into account to calculate compensation not lost remuneration - Contributory conduct - Applicant did not contribute to procedural unfairness - Computer analyst/tutor" |
| Result | Application granted ; Reimbursement of lost wages (3 months)($8,281.28) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Cases Cited | Auckland City Council v Hennessey [1982] ACJ 699 |
| Number of Pages | 9 |
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