Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 342/05
Hearing date 25 May 2005
Determination date 08 September 2005
Member K J Anderson
Representation L Preston ; M McGurk
Location Auckland
Parties Gelissen v Oasis Properties Ltd
Summary UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Applicant alleged property had not been returned to him - Dysfunctional workplace - applicant largely responsible for dysfunction - Incident over staff not being paid wages - Whether applicant dismissed or left work after incident - Believed applicant had taken money from safe - Applicant left work and left town (without contacting parents for a few days) - Applicant's evidence not credible - Abandonment of employment - Property alleged to be in respondent's position was applicant's father's property not applicants - Applicant's father could refer matter to police if thought fit - ARREARS OF WAGES AND HOLIDAY PAY - Arrears owing for two days - Holiday pay owing on that amount - Costs reserved - Manager
Result Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages and holiday pay) ; Arrears of wages and holiday pay (Quantum to be determined by parties) ; Costs reserved
Statutes ERA s130;ERA s131;ERA s132
Number of Pages 6
PDF File Link: aa 342_05.pdf [pdf 35 KB]