| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 278/07 |
| Hearing date | 25 Jul 2007 |
| Determination date | 10 September 2007 |
| Member | R Arthur |
| Representation | B McIntyre ; R Upton |
| Location | Auckland |
| Parties | Dahl v Knight Train Haulage Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant alleged sent away following conversation with managing director - Respondent contended applicant resigned - Heated conversation between parties over job - New driver sent to cover applicant’s duties - On balance of probabilities, applicant used words and acted in a way capable of being understood as resignation - However, not clear applicant entered conversation intending to resign, rather led there by director’s unwillingness to consider applicant’s concerns - From subsequent conversation respondent aware applicant had different perception of exchange - Despite this, no attempt to follow up and check situation with cool heads - Fair and reasonable employer would not have relied on intemperate exchange - Dismissal unjustified - Remedies - Lost wages limited to six weeks - Contributory conduct 50 percent - Insufficient evidence relating to leave claims, or allegation applicant owed respondent for fuel purchase - Deductions agreed to - Driver |
| Result | Application granted ; Reimbursement of lost wages ($2,380)(nett) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A |
| Cases Cited | Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94;Harris & Russell Ltd v Slingsby [1973] 3 All ER 31;Kostic v Dodd & Milligan t/a Allan Milligan Cars and/or Motorworld Systems Ltd unreported, Couch J, 11 July 2007, CC 14/07;Little Earth Ltd (t/a Kiwi Hilton Backpackers) v Luxmoore unreported, EC Auckland, AC149/98, 8 December 1999, Travers J);NZ Labourers Union v Hodder & Tolley Ltd [1989] 1 NZILR 430;Whangarei College Board of Trustees v Lewis [2000] 1 ERNZ 397 |
| Number of Pages | 13 |
| PDF File Link: | aa 278_07.pdf [pdf 43 KB] |