| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 50/05 |
| Hearing date | 10 Mar 2005 |
| Determination date | 29 March 2005 |
| Member | G J Wood |
| Representation | A Millar ; J Coats |
| Location | Wellington |
| Parties | Hodgkiss v MidCentral District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - Respondent unjustifiably terminated pay of applicant - Applicant had been on sick leave on grounds of work-related stress - Discussions about exit package - Though negotiations not completed manager alleged believed settlement imminent and told payroll not to process applicant's next pay - Applicant alleged action confirmed dismissal - Parties agreed applicant had personal grievance - Sole issue of remedies - Appropriate to award compensation - Deliberate action taken by manager without applicant's knowledge inappropriate - Manager took the risk that if settlement not reached, applicant's pay would have been terminated unjustifiably - Aware of applicant's fragile state - Respondent must take applicant as it found her - Applicant only believed dismissed for a few days - No loss of reputation - Pacifica Fishing v Buckingham (cited below) distinguished - Financial accountant |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved) |
| Cases Cited | Pacifica Fishing (Christchurch) Ltd v Buckingham [1999] 2 ERNZ 621 |
| Number of Pages | 5 |
| PDF File Link: | wa 50_05.pdf [pdf 22 KB] |