| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 90/01 |
| Determination date | 12 December 2001 |
| Member | G J Wood |
| Representation | M Gould ; R Tweedie |
| Location | Wellington |
| Parties | Fraser v Todd Petroleum Mining Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Summarily dismissed when tendered resignation to work for competitor - Alleged agreement that applicant would leave immediately - Questioned amount of notice to be given - Told by managing director to leave immediately - Informed to pay for company car or it would be collected that day - Credibility - Applicant's evidence preferred - No agreed date to start employment with competitor - Unlikely applicant would have agreed to leave without period of notice - Requirement to pay for car immediately consistent with dismissal rather than resignation - Failure to pay last day of work or make up final pay - No justification for dismissal - Dismissal unjustified - General manager |
| Result | Application granted ; Reimbursement of lost remuneration ($2,108.28)(Notice) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Atwill v Tanners Timber World Ltd [1994] 1 ERNZ 321;Coca-Cola Amatil (NZ) Ltd v Kaczorowski [1998] 1 ERNZ 264;Marshall v Market Gardeners Ltd unreported, Travis J, 14 February 2001, AC 6/01;Paykel Ltd v Ahlfeld [1993] 1 ERNZ 334 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |