| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 27/08 |
| Hearing date | 14 Nov 2007 |
| Determination date | 31 January 2008 |
| Member | V Campbell |
| Representation | N Carter ; B Stephenson |
| Location | Auckland |
| Parties | Morrison v Cova Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Owner of respondent had physical altercation with applicant’s partner (“W”) – Respondent claimed punched by W – Applicant claimed when arrived at work W had bruises and was bleeding – Applicant’s evidence not corroborated by security video footage – W subsequently charged with assault and discharged without conviction – Following physical altercation applicant instructed to leave premises – Applicant asked to provide explanation of events leading to assault – No explanation provided and applicant did not return to work – Respondent claimed applicant abandoned employment – Applicant received letter from respondent’s solicitors claiming justification for instant dismissal – Applicant assumed letter confirmed dismissal – Applicant received second letter asking her to attend disciplinary meeting – Applicant did not respond to letters - Applicant claimed already dismissed and banned from premises therefore no point attending meeting or responding – Authority found owner angry and suffered shock following assault – Owner believed applicant either supportive or contributed to W’s actions – Failure to respond to letters lead to fair conclusion that applicant had abandoned employment – UNJUSTIFIED DISADVANTAGE – Owner's instruction to applicant tantamount to suspension – Suspension to be on pay unless expressly provided for by employment agreement – Employee also entitled to be consulted before decision to suspend – Suspension unjustified – Compensation for humiliation suffered by way suspension imposed – Caf� worker |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Reimbursement of lost wages ($1,056) ; Compensation for humiliation etc ($1,500) |
| Main Category | Personal Grievance |
| Statutes | ERA s122;ERA s160(3) |
| Number of Pages | 10 |
| PDF File Link: | aa 27_08.pdf [pdf 44 KB] |