| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 99/07 |
| Determination date | 03 April 2007 |
| Member | L Robinson |
| Representation | S Chang (Applicant in Person) ; No appearance |
| Location | Auckland |
| Parties | Chang v Timeforall International Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance by respondent - Applicant presented with letter purporting to change position from part time to casual - Applicant made it clear she did not accept change - Respondent persisted in offering applicant wages in lieu of notice in consideration for departure but she rejected offers - However, when became clear respondent did not want her to return she stopped going to work - Despite statement she would be called for casual work applicant never contacted again - Applicant's unchallenged evidence accepted - Letter constituted sending away - Applicant initially rejected repudiatory conduct but by subsequently not returning to she accepted it - Employment came to end at respondent's initiative and applicant did not consent to it - No fair process or substantive justification - Dismissal unjustified - ARREARS OF HOLIDAY PAY - Due and owing - Sales |
| Result | Application granted ; Reimbursement of lost wages ($4,560) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($510.78) |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | aa 99_07.pdf [pdf 19 KB] |