| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 111/09 |
| Hearing date | 4 Aug 2009 |
| Determination date | 17 August 2009 |
| Member | D Asher |
| Representation | A Kothroulas, J Langford ; K Berry |
| Location | Wellington |
| Parties | Jones v Innovative Interiors Wellington Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant argued unjustified dismissal following withdrawal of employment offer – Respondent claimed withdrew offer of employment following applicant’s failure to provide starting date – Respondent argued applicant frustrated contract not dismissed – Applicant claimed offered and accepted employment by respondent – Authority found respondent employed applicant but no longer satisfied with decision and elected to withdraw offer – Found respondent failed to undertake fair process and no substantive justification – Unjustified dismissal – REMEDIES – No contributory conduct – Applicant not entitled to lost wages as failed to mitigate losses by reinstating resignation from previous employer – Applicant entitled to compensation for humiliation etc of $3,000 – Sales design consultant |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Hayden v Wellington Free Ambulance [2002] ERNZ 399 |
| Number of Pages | 8 |
| PDF File Link: | wa 111_09.pdf [pdf 24 KB] |