| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 110/05 |
| Hearing date | 21 Mar 2005 |
| Determination date | 31 March 2005 |
| Member | V Campbell |
| Representation | DE Galbraith (in person) ; K Barry-Piceno |
| Location | Auckland |
| Parties | Galbraith v Anglican Care (Waiapu) Ltd Hodgson House Aged Care Home and Hospital |
| Summary | UNJUSTIFIED DISMISSAL – Left work on two consecutive days without advising supervisor – Alleged left because not prepared to put up with intimidation from supervisor – Suspended then later dismissed – No consultation about suspension – No full and fair investigation before decision to dismiss made – Applicant not provided with all relevant information – Not all relevant people interviewed – Not satisfied that decision to dismiss open to respondent – Remedies – Contributory conduct 50 percent |
| Result | Application granted ; Reimbursement of lost wages ($4,847.70 reduced to $2,288.85) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | Tawhiwhirangi v Attorney-General [1993] 2 ERNZ 546 |
| Number of Pages | 7 |
| PDF File Link: | aa 110_05.pdf [pdf 25 KB] |