| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 250/06 |
| Hearing date | 24 May 2006 |
| Determination date | 24 July 2006 |
| Member | D King |
| Representation | D Fleming ; N Fraser |
| Location | Auckland |
| Parties | Hodges v Total Distribution Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment - Applicant involved in altercation with colleague - At later meeting applicant repeated abuse and other accusations but Authority did not accept applicant was threatened or abused - Applicant later left work without informing anyone - Next day applicant told Managing Director (MD") would be absent to see union representative - Applicant told representative could be seen at work and to come in unless sick - Applicant informed would be dismissed if did not provide medical certificate - Applicant contacted union and absent two days without medical certificate - Union representative spoke with MD who informed him applicant dismissed for abandonment - MD could not have safely concluded applicant did not intend to return and employment abandoned - MD aware applicant stressed and wanted to consult union - Decision should have been delayed until union spoken to and applicant given opportunity to comment - MD pre-empted disciplinary proceedings by stating employment abandoned - Dismissal unjustified - Remedies - If applicant had not behaved as he did personal grievance would not have arisen - Actions blameworthy - Contributory conduct 100 percent - Length of service not specified - Truck driver" |
| Result | Application granted ; Reimbursement of lost wages (3 months reduced to 0) ; Compensation for humiliation etc ($4,000 reduced to $0) ; Costs reserved |
| Cases Cited | Central Clerical Workers IUOW v Pro4mance Computer Solutions Limited [1988] NZILR 359;EN Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97;Lwin v A Honest International Co Ltd [2003] 1 ERNZ 387 |
| Number of Pages | 4 |
| PDF File Link: | aa 250_06.pdf [pdf 54 KB] |