| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 277/07 |
| Hearing date | 1 Aug 2007 |
| Determination date | 10 September 2007 |
| Member | R Arthur |
| Representation | M Ryan ; P Elder |
| Location | Auckland |
| Parties | Ford v General Storage Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant alleged dismissed after providing medical certificate stating unable to work for month due to depression and stress - Applicant subject to probationary period - Altercation over applicant’s suitability for role and provision of training - Applicant talked about leaving job and seeing doctor - Left premises and obtained medical certificate - Respondent responded to certificate with letter stating trial period had ended with applicant’s resignation - Also stated applicant would not be offered permanent position - Applicant emotionally distressed during altercation and more likely than not did say would no longer work for respondent - However given applicant left in “very worked up state” and medical certificate provided shortly after, respondent should have acted with caution to ensure resignation genuine - No evidence respondent made further enquiry of applicant - Letter referring to end of trial period equivocal as to whether resignation occurred - Having not allowed cooling off period, letter “sent away” applicant in manner that amounted to dismissal - Dismissal unjustified - UNJUSTIFIED DISADVANTAGE - Failure to allow “cooling off period” or make further inquiry as to applicant’s intentions amounted to unjustified disadvantage - Remedies - Global award of compensation ; Reimbursement of six months lost wages, less earnings and sick leave - Carpenter |
| Result | Application granted ; Reimbursement of lost wages and benefits ($14,953) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | 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;Little Earth Ltd (t/a Kiwi Hilton Backpackers) v Luxmoore unreported, EC Auckland, AC149/98, 8 December 1999, Travers J);NCR (NZ) Corporation Ltd v Blowes [2005] 1 ERNZ 932;NZ Labourers Union v Hodder & Tolley Ltd [1989] 1 NZILR 430;Telecom NZ Limited v Nutter [2004] 1 ERNZ 315 (CA) |
| Number of Pages | 13 |
| PDF File Link: | aa 277_07.pdf [pdf 45 KB] |