| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 88/05 |
| Hearing date | 15 Feb 2005 |
| Determination date | 14 March 2005 |
| Member | A Dumbleton |
| Representation | D Garrett ; M Herk |
| Location | Auckland |
| Parties | Perkins v First in Print Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Serious misconduct - No written employment agreement - Applicant suspended on pay without consultation - Suspension an unjustified disadvantage - Dismissed for referring to respondent's managing director as a wanker" in email, lying about taking friend to respondent's competitor for job interview during work time, and soliciting business for applicant's own company - Inadequate investigation - Derogatory reference to managing director justified no more than warning and demanding apology - Printing off letter for his own company justified no more than warning - Respondent needed to receive and consider applicant's explanations before dismissing - Dismissal unjustified - Remedies - Contributory conduct 20 percent - Reimbursement of lost wages also reduced by subsequent earnings - PENALTY - No penalty available for not providing written employment agreement - COSTS - 1 day investigation meeting - Contribution of $2,250 towards applicant's costs ordered" |
| Result | Application granted ; Reimbursement of lost wages (13 weeks)($18,750 reduced to $7,884) ; Compensation for lost benefit (car allowance)($1,890 reduced to $1,512) ; Compensation for humiliation etc ($8,000 reduced to $6,400) ; Costs in favour of applicant ($2,250) |
| Statutes | ERA s65;ERA s133 |
| Number of Pages | 4 |
| PDF File Link: | aa 88_05.pdf [pdf 23 KB] |