| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 165/07 |
| Hearing date | 29 Nov 2007 |
| Determination date | 11 December 2007 |
| Member | D Asher |
| Representation | J Unsworth, B Meyer ; D Booth |
| Location | Wanganui |
| Parties | McKee v Corringham Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant alleged abruptly dismissed - Reasons for dismissal unclear - Respondent claimed applicant received numerous warnings for performance and conduct - Argued applicant not dismissed but merely let go for the day - Claimed attempted to contact her when she stopped attending work and assumed she had resigned - Applicant’s evidence preferred - Respondent’s conduct throughout applicant’s employment less than satisfactory - No written employment agreement - Gave applicant no answer when she asked if dismissed - Applicant could reasonably take silence as confirmation of sending away - Respondent’s claims attempted to contact applicant not credible - Damage caused by respondent’s conduct compounded by its response to applicant’s correspondence - Not only did it impliedly confirm dismissal but also clumsily warned applicant against pursuing matter - Respondent also made no effort to respond to invitation to mediation - Deliberate pattern of evasive behaviour - No substantive justification for dismissal and absence of fair process - Dismissal unjustified |
| Result | Application granted ; Reimbursement of lost wages ($6,240) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s65 |
| Number of Pages | 10 |
| PDF File Link: | wa 165_07.pdf [pdf 33 KB] |