Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 298/09
Hearing date 5 May 2009
Determination date 24 August 2009
Member V Campbell
Representation S Park (in person) ; J Douglas
Location Auckland
Parties Park v Coffee Suppliers Ltd
Summary UNJUSTIFIED DISMISSAL – Applicant and co-worker (“B”) started on same day – B’s sales figures higher than applicant’s – Manager (“R”) gave applicant tips – Applicant claimed felt intimidated and bullied as R spoke in nasty way – Applicant claimed in afternoon R burst into sales room and requested meeting – Applicant claimed R yelled at her about low sales – R claimed advised applicant of errors in sales made – R claimed applicant said did not like job and said would not come in next day – Applicant claimed R said to not bother coming back in – Authority found on balance of probabilities, applicant uncomfortable with new role, struggled with sales and decided to resign – No unjustified dismissal - ARREARS OF WAGES – Applicant not paid for one day of work – Authority found applicant entitled to one day’s wages plus holiday pay - Telemarketer
Result Application dismissed (dismissal) ; Application granted (arrears of wages) ; Arrears of wages (quantum to be determined) ; Costs reserved
Main Category Personal Grievance
Statutes ERA s131
Number of Pages 5
PDF File Link: aa 298_09.pdf [pdf 21 KB]