| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 362/09 |
| Hearing date | 21 Sep 2009 |
| Determination date | 12 October 2009 |
| Member | R A Monaghan |
| Representation | Z Gaylor ; B Guest |
| Location | Auckland |
| Parties | Gaylor v Murphy |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Applicant argued unjustified dismissal – Respondent claimed applicant abandoned employment – Altercation between parties culminated in applicant resigning – Meeting held to discuss applicant’s mental health and inability to return to work – New employment agreement discussed and agreed upon – Dispute between applicant and respondent about weekend roster – Respondent subsequently told applicant not to return to work if took weekend off – Applicant left – Authority accepted applicant’s wife’s evidence of altercation – Respondent believed had not dismissed applicant – Respondent sought advice about situation and was told to allow cooling off period before concluding employee intended relationship to end – Applicant also sought advice claiming employment terminated – Applicant advised to return to work – Applicant failed to report for work – Respondent took view applicant abandoned employment – Found respondent’s interpretation of weekend roster not strong – Found applicant entitled to decline instruction to work weekend – Found words used meant applicant dismissed – Unjustified dismissal – Disadvantage grievance subsumed by same facts – REMEDIES – Contributory conduct found – Reimbursement of lost wages of $728 appropriate – Compensation of $1,000 appropriate given contributory conduct – Dairy herd manager |
| Result | Application granted ; Reimbursement of lost wages ($1,457.64 reduced to $728.82) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s5 |
| Number of Pages | 7 |
| PDF File Link: | aa 362_09.pdf [pdf 26 KB] |