| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 218/05 |
| Hearing date | 6 May 2005 |
| Determination date | 15 June 2005 |
| Member | D King |
| Representation | D Bruce ; A Gollop |
| Location | Auckland |
| Parties | McLeod v Gollop t/a Bay Metal Finishers |
| Summary | BREACH OF CONTRACT - Following staff meeting to discuss respondent's financial position respondent issued applicant a note reducing his hours and prohibiting overtime - Applicant agreed to variation - UNJUSTIFIED DISMISSAL - Respondent had given applicant his third warning without prior discussion - Following day respondent told applicant he was giving him the day off as respondent had had to work late fixing applicant's work - Applicant asked if he was fired and respondent replied yes" - Respondent alleged applicant dismissed himself - Applicant was dismissed - Dismissal unjustified because no notice of possibility of termination - Remedies - Had applicant been a more satisfactory employee he would not have been dismissed - Contributory conduct 25 percent - Metal polisher" |
| Result | Application dismissed (breach of contract) ; Application granted (Unjustified dismissal); Reimbursement of lost wages ($1,520 reduced to $1,140)(1 month) ; Compensation for humiliation etc ($1,000 reduced to $750) ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 218_05.pdf [pdf 11 KB] |