| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 108/09 |
| Hearing date | 27 Mar 2009 |
| Determination date | 06 April 2009 |
| Member | M Urlich |
| Representation | S Majeed (in person) ; no appearance |
| Location | Auckland |
| Parties | Majeed v Bentley Property Developments Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – No appearance for respondent – Directors and shareholders of respondent were husband (“A”) and wife (“B”) - Applicant claimed unjustifiably dismissed without warning – Respondent claimed abandonment – Altercation occurred between applicant and A – Applicant advised B of incident, was not feeling well and wished to go home early – A “shrugged shoulders” in reply – Applicant informed B going home early and B replied “okay” – Applicant obtained advice from Department of Labour and attempted to contact A – Applicant obtained medical certificate and advised A unfit to work for three days – Meeting held to discuss incident – Respondent advised applicant kitchen closed due to renovations and to take paid leave – Applicant gave A medical certificate – Applicant received text message few days later requesting attendance at meeting concerning termination of employment – Applicant dismissed for being a “disadvantage to the business” – Authority found absence from workplace expressly authorised by respondents therefore no abandonment – Found dismissal procedurally and substantively unjustified – Dismissal unjustified – REMEDIES – No contributory conduct – Found $2,000 compensation appropriate – Reimbursement of three months lost wages – Caf� Manager |
| Result | Application granted; Reimbursement of lost wages ($7,290) ; Compensation for humiliation etc ($2,000) ; Disbursement in favour of applicant ($70)(Filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s128(2) |
| Number of Pages | 5 |
| PDF File Link: | aa 108_09.pdf [pdf 19 KB] |