| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 66/01 |
| Determination date | 04 December 2001 |
| Member | N Taylor |
| Representation | C Batt ; R Connor |
| Location | Christchurch |
| Parties | Cotton v Ross Asphalt Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Whether dismissed or resigned - Given letter from respondent's agent detailing concerns about performance of applicant's duties - Negative reaction to letter - Believed letter was precursor to automatic dismissal - Similar instances allegedly faced by former employees - Left place of employment believing she had been dismissed - Partner telephoned managing director and was advised applicant not dismissed - Representatives met to discuss situation - Wages continued to be paid while meetings took place - Ceased paying wages when no agreement reached - Continued to treat applicant as employee - Could not say employment deemed to have terminated at earlier time - Dismissed by employer when ceased paying wages - Dismissal unjustified - Contributory conduct 70 percent - Sole office administrator |
| Result | Application granted ; Reimbursement of lost wages ($6,929.17 reduced to $2,078.17) ; Compensation for humiliation etc ($3,000 reduced to $900) ; Costs reserved |
| Cases Cited | Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94;EN Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 |
| Number of Pages | 6 |
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