| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 21/09 |
| Hearing date | 20 Jan 2009 |
| Determination date | 23 January 2009 |
| Member | D King |
| Representation | M Nutsford ; no appearance |
| Location | Auckland |
| Parties | Ross v Dua Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed unjustifiably dismissed after altercation with colleague (“M”) – Applicant returned to work after recovery from work accident – M asked to see medical certificate – M further asked for a copy to be sent to respondent in India before work could commence – Applicant claimed M was not clear on whether return to work was allowed and verbally abused M – Respondent called applicant threatening trespass notice – Applicant obtained advice from ACC to obtain a signed form from employer stating attempted return to work but was sent home – M refused to sign and applicant verbally abused M – Applicant later presented with trespass notice and dismissal email citing racism – Applicant denied shouting racist remarks - Authority found dismissal procedurally unjustified – Found applicant not given notice or opportunity to discuss matters – Found no warning applicant’s job was in jeopardy or opportunity for explanation given - REMEDIES – Found 20 percent contributory conduct – Applicant’s verbal abuse of M contributed to dismissal – Reimbursement of lost wages - $4,000 compensation appropriate – COSTS – Found $1,570 as reasonable contribution – Costs awarded in favour of applicant - Supervisor |
| Result | Application granted ; Reimbursement of lost wages ($6,300) ; Compensation for humiliation etc ($4,000 reduced to $3,200) ; Costs in favour of applicant ($1,570) |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | aa 21_09.pdf [pdf 18 KB] |