| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 377/09 |
| Hearing date | 28 Oct 2009 |
| Determination date | 29 October 2009 |
| Member | Y S Oldfield |
| Representation | T Kurta ; no appearance |
| Location | Auckland |
| Parties | Parata v The $2 Shop Lynnmall Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed unjustifiably dismissed without warning and explanation – Applicant unsuccessfully sought explanation from respondent – Authority found in absence of explanation, applicant’s dismissal unjustified – Dismissal unjustified – REMEDIES – No contributory conduct – Found reimbursement of 5 months lost wages appropriate as applicant experiencing difficulty obtaining alternative employment due to circumstances of dismissal – Found $9,000 compensation appropriate given applicant’s 9 year service and sudden dismissal – PENALTY – Applicant sought penalty for respondent’s failure to provide reason for dismissal – Authority found no statutory basis for penalty award based on failure to provide reason for dismissal – Penalty declined – Shop Manager |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Penalty) ; Reimbursement of lost wages ($17,500) ; Compensation for humiliation etc ($9,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s120;ERA s133 |
| Number of Pages | 4 |
| PDF File Link: | aa 377_09.pdf [pdf 18 KB] |