| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 48/01 |
| Determination date | 25 September 2001 |
| Member | P Cheyne |
| Representation | I Thompson ; R Butt |
| Location | Christchurch |
| Parties | Snell v The Friendly Practice Ltd t/a Hornby Care Medical Centre |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Misunderstanding by applicant inconvenienced manager by causing her to come to work when not needed - Tension between manager and applicant - Applicant sought to relieve tension by arranging meeting - Manager brought up performance concerns at meeting and arranged disciplinary meeting - Applicant instructed not to attend work and returned keys in interim - After applicant returned keys manager yelled that she was not allowed back - Behaviour amounted to sending away" and thus a dismissal - No justification for dismissal" |
| Result | Application granted ; Reimbursement of lost wages ($1,628.16) ; Compensation for humiliation etc ($6,000) ; Costs in favour of applicant ($1,500) |
| Cases Cited | Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94;Little Earth Ltd t/a Kiwi Hilton Backpackers v Luxmoore unreported, Travis J, 8 December 1999, AC 103/99;Principal of Auckland College of Education v Hagg [1997] ERNZ 116 |
| Number of Pages | 4 |
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