| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 184/05 |
| Hearing date | 27 Oct 2005 |
| Determination date | 29 November 2005 |
| Member | P R Stapp |
| Representation | D Perreaux ; D McLeod |
| Location | Napier |
| Parties | Hay v Security Providers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant wanted to take day off to attend son's school prize giving - Was told would have to fill out leave form - Not happy about this - Respondent replied that if she took day off she shouldn't come back - Alleged abandonment - No abandonment - Parties met within the three days required under agreement to constitute abandonment - Applicant did not repudiate agreement though her actions contributed to stand off and termination from employment - Fair and reasonable employer would have attempted to provide applicant with reassurances about employment - Unjustified dismissal - Contributory conduct 30 percent - ARREARS OF WAGES - Whether applicant initially employed to work 40 hours per week - Not able to determine that applicant initially employment full-time - Parties later signed employment agreement - Doubted that parties intended agreement to apply retrospectively - Claim for unpaid wages for hours not worked dismissed - Applicant initially employed to work varied hours but when agreement was signed situation changed to enable her to work full time - Allegation that was underpaid not made out - Claim for payment for working statutory holiday not made out - No orders made in respect to that matter - Alleged Security officer |
| Result | Application granted ; Reimbursement of lost wages ($3,471 reduced to $2,429.70)(Four weeks) ; Compensation for humiliation etc ($4,000 reduced to $2,800) ; Costs reserved |
| Number of Pages | 11 |
| PDF File Link: | wa 184_05.pdf [pdf 58 KB] |