| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 28/05 |
| Hearing date | 15 Feb 2005 |
| Determination date | 22 February 2005 |
| Member | P R Stapp |
| Representation | J Cleary, G Ogilvie ; M Hammond |
| Location | Wellington |
| Parties | Te Rito v The Chief Executive/Tumuaki of Te Wananga o Aotearoa Te Kuratini o Nga Waka |
| Summary | UNJUSTIFIED DISADVANTAGE - Whether applicant abandoned employment - Applicant unhappy with decision to close down Wellington office where he worked - Applicant's representative met with respondent - Respondent's subsequent letter to representative stated further meeting would be appropriate - Sent another letter directly to applicant requiring him to report for work at Porirua campus from 13 December - Representative endeavoured to set up another meeting but respondent alleged facsimiles never received - Applicant had still not reported for work at Porirua campus by 17 December - On 20 December respondent sent applicant letter stating he had abandoned his employment according to collective employment agreement - Applicant alleged he had attended Wellington office from 13-17 December and waited for meeting to be arranged - Wellington office had no furniture, desks or telephones - Respondent's abandonment letter an unjustified action - Did not act in good faith by sending letter directly to applicant bypassing representative - Fair and reasonable employer would be expected to contact representative before making decision - Respondent's actions affected applicant to his disadvantage because employment terminated - Remedies - Contributory conduct - Contribution resulted from decision not to reasonably attend Porirua site - Four days pay deducted from reimbursement of lost wages - 25 percent deducted from compensation - Kaiako Te Ara Reo Maori |
| Result | Application granted ; Reimbursement of lost wages ($2,465.19 reduced to $1,807.81)(three weeks) ; Compensation for humiliation etc ($4,000 reduced to $3,000) ; Costs reserved |
| Number of Pages | 9 |
| PDF File Link: | wa 28_05.pdf [pdf 42 KB] |