| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 328/07 |
| Hearing date | 6 Aug 2007 |
| Determination date | 19 October 2007 |
| Member | J Scott |
| Representation | P Brosnahan ; J Watson |
| Location | Hamilton |
| Parties | Corcoran v Graeme Rogerson & Denise Howell t/a Dormello Stud |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant moved onto farm before employment started - Number of disagreements with co-owner (DH") - Shortly after employment began applicant met with other owner ("GR") - Alleged dismissed for incompatibility - Respondent denied dismissed applicant - Claimed applicant aggressive, critical of operation and personally attacked DH - Alleged made it clear would not work for DH - Respondent understood applicant leaving because not happy with way things run - Both parties arrived at view relationship over - No precise words of dismissal or resignation and each party had different perspective of termination - Applicant later rang respondent to see if could resolve differences - Respondent unwilling to reconsider situation - Applicant's approach determinative - Respondent advised applicant considered himself dismissed and should have been aware misunderstanding occurred - Classic case where "cooling off period" required - Fair and reasonable employer would have invited applicant to further meeting to discuss situation - No genuine resignation - Unjustified dismissal - Remedies - Throughout association with respondent applicant arrogant, abrasive and dismissive towards DH - Proposition could have continued at respondent without changing conduct unacceptable - Contributory conduct 50 percent - Applicant took no steps to find alternative employment - Stud consultant" |
| Result | Application granted ; Reimbursement of lost wages ($1,442.31) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Dahl v Knight Train Haulage Ltd unreported, R Arthur, 10 September 2007, AA 278/07 |
| Number of Pages | 17 |
| PDF File Link: | aa 328_07.pdf [pdf 63 KB] |