| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 91/06 |
| Hearing date | 28 Feb 2006 |
| Determination date | 28 March 2006 |
| Member | J Scott |
| Representation | J Peebles ; G Steele |
| Location | Auckland |
| Parties | Ray v Mahoe Developments NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Whether dismissed or resigned - Applicant upset by director’s brusque style of communication – Raised concerns by letter after incident concerning safety procedures – Perceived director’s response as dismissive - Informed human resources manager was “leaving” – Rang manager next day to confirm departure – Following day notified respondent she was taking sick leave on doctor’s advice – Manager informed applicant of belief that she had resigned – Applicant denied resigning – Respondent subsequently confirmed acceptance of resignation – Applicant did resign and reiterated that position – Subsequent denial of resignation and request for sick leave put real intentions in doubt – Once doubt raised not open to respondent to confirm resignation without inquiry into all circumstances to ascertain whether such confirmation appropriate – Applicant dismissed – Dismissal unjustified – Remedies – Dishonest denial of resignation influenced respondent’s decision to confirm resignation - 30 percent contributory conduct – Length of service one year nine months – Part-time office worker |
| Result | Application granted ; Reimbursement of lost wages ($2,520 reduced to $1,764)(12 weeks) ; Compensation for humiliation etc ($2,500 reduced to $1,750) ; Costs reserved |
| Statutes | ERA s103A;ERA s123(1)(b);ERA s123(1)(c)(i);ERA s124 |
| Cases Cited | Auckland and Gisborne Amalgamated Society of Shop Employees etc (with exceptions) IUOW v Marbeck Building Supplies Ltd [1983] ACJ 357;Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 February 1994, WEC 3/94;Chicken and Food Distributors (1990) Ltd v Central Clerical Workers Union [1991] 1 ERNZ 502;Little Earth Ltd t/a Kiwi Hilton Backpackers v Luxmoore unreported, Travis J, 8 December 1999, AC 103/99;Milburn v Waikato DHB unreported, A Dumbleton, 11 Feb 2004, AA 49/04;NZ Woollen Workers v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438 ; (1990) ERNZ Sel Cas 791 |
| Number of Pages | 9 |
| PDF File Link: | aa 91_06.pdf [pdf 59 KB] |