| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 196/08 |
| Hearing date | 28 May 2008 |
| Determination date | 28 May 2008 |
| Member | L Robinson |
| Representation | MV Skinner (in person) ; no appearance |
| Location | Auckland |
| Parties | Skinner v Lime Recruitment Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed - No appearance for respondent - Applicant in first month of employment - Worked two days per week with full time employment to begin at end of first month - Applicant left work to collect ill child from childcare - Advised one of respondent's directors and sought approval to work following day - Applicant told later same day not to attend work and not needed anymore - Applicant did not return to work - Authority found applicant's sending away constituted a dismissal - No evidence to prove justification for dismissal - Respondent's actions not those of fair and reasonable employer - Dismissal unjustified - Remedies - Applicant without income for eight weeks following dismissal - Satisfied took steps to find work - Reimbursement of eight weeks wages awarded - Applicant experienced financial difficulties - Suffered stress and embarrassment - Having regard to applicant's evidence, length of service and nature of personal grievance award of $3,000 appropriate - Receptionist and Recruitment Administrator |
| Result | Application granted ; Reimbursement of lost wages ($5,760)(8 weeks) ; Compensation for humiliation etc ($3,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 4 |
| PDF File Link: | aa 196_08.pdf [pdf 21 KB] |