| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 13/09 |
| Hearing date | 11 Nov 2008 |
| Determination date | 05 February 2009 |
| Member | H Doyle |
| Representation | N Stakes (In person) ; D Lloyd |
| Location | Christchurch |
| Parties | Stakes v Grey Door Ltd t/a The Bunker Restaurant & Bar |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed actual or constructive dismissal – Respondent argued applicant resigned during meeting with respondent’s manager (“M”) – In meeting, applicant said had other job offers and parties discussed notice period – After meeting applicant thought was considering options then advising M – M thought meeting ended on basis applicant to advise M of term of notice period – Authority found communication about applicant’s future intentions equivocal – Found no unequivocal resignation – Found when applicant discovered miscommunication, required to make it clear to M had not resigned, or suffer consequences of standing by – Conflict in evidence – Authority preferred applicant’s evidence that made clear had not resigned – Applicant suffered injury and provided respondent with medical certificate – M advised applicant by email that redundant – Authority found applicant dismissed by email – Found redundancy not genuine or procedurally fair – Dismissal unjustified - REMEDIES – No contributory conduct – No lost wages awarded for period applicant receiving ACC - Authority found applicant rejected M’s offer to return to work when medically fit – Found offer reasonable and failure to accept amounted to failure to mitigate loss of remuneration between date applicant reasonably fit to work and date took overseas holiday – No lost wages awarded – Applicant claimed rumours of dismissal distressing and lost friends – Authority considered M’s reinstatement offer in assessing compensation – Moderate compensation of $3,000 appropriate - Barman and assistant manager |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | SADD v Iwi Transition Agency [1991] 1 ERNZ 438 |
| Number of Pages | 9 |
| PDF File Link: | ca 13_09.pdf [pdf 40 KB] |