| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 107/06 |
| Hearing date | 22 Mar 2006 |
| Determination date | 04 April 2006 |
| Member | M Urlich |
| Representation | C Howard-Smith ; no appearance |
| Location | Auckland |
| Parties | Olsson v Keith Matheson Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - No appearance by respondent - Director of respondent met with staff to arrange leave - Applicant told director she would be forced to resign if directed to take leave at Christmas - Applicant had not intended to resign but made flustered reply to direct question - Director later told applicant this was second time she had threatened to resign, such threats were unacceptable and he wanted to discuss her dignified exit from respondent - When applicant denied threatening to resign earlier that year, director called her a liar - Applicant challenged accusation and director told her to get out" - Applicant left, understood she was dismissed and sought final pay - Director responded with offer to return to work - Reasonable for applicant to consider she was dismissed - Clear sending away - Dismissal not for reasonable grounds and not procedurally fair - Offer to return to work did not mitigate dismissal - Dismissal was not on notice so employment relationship ended immediately - Offer to return conditional on applicant withdrawing resignation when there was no evidence she had resigned - Unjustified dismissal - Length of service four years and four months" |
| Result | Application granted ; Reimbursement of lost wages ($250)(3 months less earnings) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | aa 107_06.pdf [pdf 23 KB] |