| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 66/05 |
| Hearing date | 19 Jan 2005 |
| Determination date | 22 February 2005 |
| Member | V Campbell |
| Representation | R Ingram ; A Stuart |
| Location | Auckland |
| Parties | Pullan and Anor v Villages of New Zealand (Pakuranga) Ltd |
| Other Parties | Pullan |
| Summary | UNJUSTIFIED DISMISSAL - Applicants (DP and GP) employed by respondent in job share position as chef - DP received final written warning relating to state of kitchen and two written warnings for drinking on respondent's premises - Summarily dismissed - DP's individual employment agreement set out process to be followed in event of misconduct - Respondent did not follow own procedure when issuing warnings and dismissing DP - No opportunity to respond to allegations or improve performance - DP's dismissal unjustified - GP had arrived at work suffering after effects of drinking alcohol and was unable to carry out duties - Respondent sent GP home in taxi - Alleged GP had abandoned his employment - GP's individual employment agreement contained abandonment clause which required absence from work for more than two consecutive working days - GP not due back to work for six days after sent home - Could not be said to have abandoned employment - GP dismissed and dismissal unjustified - Chefs |
| Result | Application granted ; Reimbursement of lost wages ($2,769.23)(4 weeks)(DP) ; ($3,536)(13 weeks)(GP) ; Compensation for humiliation etc ($2,000)(each) ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 8 |
| PDF File Link: | aa 66_05.pdf [pdf 43 KB] |