| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 181/01 |
| Determination date | 07 November 2001 |
| Member | J Wilson |
| Representation | C Bennett ; N Waldren |
| Location | Auckland |
| Parties | Stormont v Harbourside Catering Co Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Whether dismissed or abandoned employment - Applicant failed to report for work on two occasions - Left message on phone indicating that applicant had been dismissed - Applicant never returned to work - Not of advised of allegation - No opportunity to explain or mitigate - Dismissal unjustified - Contribution of 50 percent for failure to attend work - Pastry chef |
| Result | Application granted ; Reimbursement of lost wages ($8,320 reduced to $4,106)(13 weeks) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |