| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 68/07 |
| Hearing date | 28 Mar 2007 |
| Determination date | 01 May 2007 |
| Member | G J Wood |
| Representation | D Perreaux ; E Monteith (in person) |
| Location | Napier |
| Parties | Hakansson v Esther Monteith t/a Centre Cafe |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant irritated with co-worker and left work 10 minutes early saying Going a little early - I'm out of here - See ya" - Respondent alleged intended to quit as took books - Later rang applicant who denied quitting - Respondent insisted employment over - Applicant subsequently went to work as usual - Barred from entering premises and believed dismissed - Respondent right to follow up as applicant's words and actions ambiguous - However, became clear had not intended to resign - Dismissed as respondent insisted had resigned and refused to allow re-entry to premises - Dismissal unjustified - Remedies - Limits applicant placed on doing temporary work taken into account when awarding lost wages - Given applicant had not taken breaks that day, leaving a bit early not blameworthy compared with respondent's response - Penalty not appropriate - ARREARS OF HOLIDAY PAY - Despite undertaking from respondent holiday pay not paid - Arrears due and owing - Cook" |
| Result | Application granted ; Reimbursement of lost wages ($10,920) ; Arrears of holiday pay ($886.28) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94 |
| Number of Pages | 5 |
| PDF File Link: | wa 68_07.pdf [pdf 24 KB] |