| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 146/02 |
| Hearing date | 17 May 2002 |
| Determination date | 20 May 2002 |
| Member | R A Monaghan |
| Representation | GA Walsh ; K Danford |
| Location | Auckland |
| Parties | Swan v Cool Company Ltd, formerly Cool Water Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Reluctantly given time off work for job interview - Later told not come to work on Monday - Understood she had been dismissed - No express words of dismissal - Language sufficiently clear to amount to repudiation of employment relationship - No authority to dismiss - Entitled to treat manager's words as authoritative - Dismissal unjustified - Fact that personal grievance submitted 6 weeks after termination of no consequence - Employer able to contact applicant after termination - COSTS - Applicant legally aided - ï¾½ day investigation meeting - Entitled to contribution of $500 plus filing fee - Service person |
| Result | Application granted ; Reimbursement of lost wages ($640) ; Compensation for humiliation etc ($2,000) ; Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee) |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |