Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 143/05
Hearing date 5 Oct 2005
Determination date 03 November 2005
Member P Cheyne
Representation C Strong (in person) ; S Guest
Location Christchurch
Parties Strong v Ritchie
Summary UNJUSTIFIED DISMISSAL - Summary dismissal - Whether dismissed or resigned - Applicant wanted to cease working Friday and Saturday evenings - Applicant phoned manager and said pay was $200 short - Dispute over what was said during phone call - Found that manager told applicant to get out" or "forget about the lot" - Manager then immediately went into work and dismissed applicant by telling her to get out while wrongly criticising her as unreliable - Fair and reasonable employer would not have reacted in such way - Prospects for resolution derailed by manager writing unnecessary letter advancing her untrue claim that had been resignation - Remedies - Contributory conduct 20 percent - Intituling amended to identify company rather than manager as respondent - Dispatcher"
Result Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Costs reserved
Statutes ERA s103A
Number of Pages 5
PDF File Link: ca 143_05.pdf [pdf 36 KB]