| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 183/05 |
| Hearing date | 10 Nov 2005 |
| Determination date | 29 November 2005 |
| Member | D Asher |
| Representation | D Albon (in person) ; M Skinner |
| Location | Wellington |
| Parties | Albon v Professional Garden Shed Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant refused to participate in toilet cleaning roster - Absence from work - Condition of applicant's employment that not required to undertake cleaning duties or participate in cleaning roster - However applicant then absented himself from work for three days - Also issues about various matters including applicant's timekeeping, his conduct and (non)use of certain safety equipment - Were a number of meetings about concerns - Dismissed for both failing to undertake cleaning duties and absence from work - Unjustified dismissal - Remedies - Contributory conduct 50 percent - Garden assistant |
| Result | Application granted ; Reimbursement of lost wages (11 weeks)(reduced by 50 percent contributory conduct) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Costs reserved |
| Statutes | ERA s103A;ERA s128(2);ERA s137(4A);ERA s148 |
| Cases Cited | Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917 |
| Number of Pages | 8 |
| PDF File Link: | wa 183_05.pdf [pdf 29 KB] |