| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 175/01 |
| Determination date | 02 November 2001 |
| Member | WRC Gardiner |
| Representation | A Golightly ; H Linklater |
| Location | Auckland |
| Parties | Harding v Cotterill |
| Summary | UNJUSTIFIED DISMISSAL - Employed by partnership pursuant to WINZ arrangement - Offered reduced hours following death of partner - Agreed to reduced hours only if work restricted to specific days on month by month basis - Believed was dictating to employer so was dismissed - No agreement on continued employment reached - Unjustified to dismiss rather than reconsider original offer - Contributory conduct one-third - Award of compensation for humiliation not appropriate - Meat warehouse worker |
| Result | Application granted ; Reimbursement of lost wages ($2,970 reduced to $2,000)(11 weeks) ; Costs reserved |
| Statutes | ERA s64;ERA s64(5) |
| Cases Cited | Cain v HL Parker Trusts [1992] 3 ERNZ 777;Davis Trading Co Ltd v Lewis [1993] 2 ERNZ 272;Department of Survey and Land Information v NZ Public Service Association [1992] 1 ERNZ 851 |
| Number of Pages | 12 |
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