| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 319/05 |
| Hearing date | 18 Aug 2005 |
| Determination date | 27 September 2005 |
| Member | R Arthur |
| Representation | K Nicolson ; B Quarrie |
| Location | Auckland |
| Parties | Woodhouse v Bond St 2000 Ltd t/a Bond Street Lodge |
| Summary | UNJUSTIFIED DISMISSAL - Ongoing performance issues - Applicant lost sum of money which was supposed to be deposited into respondent's bank - Failed to report matter to respondent - Repaid the money - Alleged cash box did not balance and left lodge unattended - Also alleged allowed woman to run massage service in a room and was drinking alcohol during work hours - Dismissal abrupt - Applicant not told of reasons and not given opportunity to be represented or to comment on reasons for dismissal - Respondent's true suspicions and concerns never put to applicant - Respondent arranged for replacement for applicant some time before dismissal - Unjustified dismissal - While Authority did not determine rights under Residential Tenancies Act, eviction of applicant occurred in context of employment relationship - Right to 14 days notice appeared to have been breached - Payment for $420 ordered - Remedies - Contributory conduct 10 percent - Only paid two weeks' notice when entitled to six weeks - Four weeks' notice due and owing - UNJUSTIFIED DISADVANTAGE - Warning given regarding expected standards of work - Did not accept submission of applicant that could reasonably expect not to have work performance issues raised before review date - That applicant opted not to have representative or subsequently disputed elements of warning did not make respondent's actions unfair in circumstances - No unjustified disadvantage - General manager |
| Result | Application granted ; Reimbursement of lost wages ($8,750 reduced to $7,875)(3 months) ; ($2,692.30 reduced to $2,423.07)(Remainder of contractual notice period) ; ($420 reduced to $378)(Board and storage costs for 2 weeks) ; Compensation for humiliation etc ($9,000 reduced to $8,100) ; Costs reserved |
| Statutes | Residential Tenancies Act 1986 s53 |
| Cases Cited | Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 315 |
| Number of Pages | 11 |
| PDF File Link: | aa 319_05.pdf [pdf 71 KB] |