| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 232/05 |
| Hearing date | 6 Apr 2005 |
| Determination date | 23 June 2005 |
| Member | K J Anderson |
| Representation | G Spry ; J Watson |
| Location | Auckland |
| Parties | Bartley v Te Awamutu Wines & Spirits (1998) Ltd t/a Super Liquor Te Awamutu |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed - Respondent's owner was concerned another employee would not arrive in time for shift - Told applicant he would have to work that night without any explanation - Applicant believed he was being required to work whole of next shift and refused because he already made plans - Owner became aggressive and told applicant if he left he would not have a job to come back to - Applicant rang in sick next day - Respondent alleged applicant believed he remained in employment - Authority accepted applicant's explanation that he was unsure of his legal rights - Applicant summarily dismissed - PENALTY - Applicant alleged had no employment agreement in 35 years he had worked for respondent and sought penalty - Had not requested employment agreement - Inappropriate to order penalty - Customer Services Assistant |
| Result | Application granted ; Reimbursement of lost wages (3 months)($5,588.31) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Statutes | ERA s65;ERA s124;ERA s128 |
| Number of Pages | 6 |
| PDF File Link: | aa 232_05.pdf [pdf 34 KB] |