| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 3/02 |
| Determination date | 15 January 2002 |
| Member | N Taylor |
| Representation | AD Marsh ; BM Nathan |
| Location | Christchurch |
| Parties | King v Sealed & Approved Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Unsigned individual employment agreement - Clause specifying days of work included Saturday - Requested to work on Saturday - Informed director of prior engagement - Subsequently requested by foreman to work on same day - Summarily dismissed when refused - Considered refusal to work a breach of contract - Director had forgotten earlier discussion - No formality or due process - Not informed position in jeopardy - Accepted dismissal occurred in heat of moment - Offer to have job back declined because of loss of trust and confidence - Dismissal substantively unjustified - No serious misconduct - Failed to adhere to House Rules dismissal procedures - Dismissal procedurally unfair - Appropriate to decline offer of re-employment - Excavator operator/labourer |
| Result | Application granted ; Reimbursement of lost wages ($6,868.43)(13 weeks) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Cases Cited | Ellis t/a Solid Fuel Products v Matenga unreported, Travis J, 8 October 1999, AC 78/99;GMS Fulfillment (NZ) Ltd v Bacon unreported, Palmer J, 13 July 2000, AC 56/00;Hennessey v Auckland City Council [1983] ACJ 593;Hillier v Lyttelton Borough Council (1987) 1 NZELC 95,647;Otago Hotel etc IUOW v Shiel Hill Tavern Ltd [1990] 2 NZILR 160;Sanderson v Computaleta Services Ltd unreported, P Cheyne, 28 September 2001, CA 49/01 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |