| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 202/08 |
| Hearing date | 5 Jun 2008 |
| Determination date | 09 June 2008 |
| Member | V Campbell |
| Representation | A Edmonds (in person) ; A Tumai |
| Location | Hamilton |
| Parties | Edmonds v Adlyns Cleaning Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No written employment agreement Applicant granted day off as unable to arrange childcare - Two days later applicant also required day off to look after children - Respondent dismissed her as considered her too unreliable - No opportunity for applicant to have input into dismissal - No full and fair investigation - Dismissal unjustified - Remedies - Authority not satisfied applicant discharged obligation to mitigate loss to fullest extent - Refused offer of reinstatement due to changed personal circumstances - Lost wages limited to date offered reinstatement - Arrears of holiday pay due and owing - Interest 9 percent - Cleaner |
| Result | Application granted ; Reimbursement of lost wages ($550)(Two weeks) ; Compensation for humiliation ($3,000) ; Arrears of holiday pay ($176) ; Interest (9%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 5 |
| PDF File Link: | aa 202_08.pdf [pdf 24 KB] |