| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 84A/09 |
| Hearing date | 8 Dec 2009 |
| Determination date | 08 December 2009 |
| Member | P R Stapp |
| Representation | A Parker ; no appearance |
| Location | Wellington |
| Parties | Smith v Wairarapa Medical Ltd (In liquidation) |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed dismissal unjustified as no prior notice of reasons given and no opportunity to comment before decision made – Authority found failure by respondent to attend attributed to liquidation – Applicant given 5 minutes to clear office and told employment terminated with immediate effect – Found respondent failed to follow any procedure or justify any reasons for dismissal – Found respondent failed to act in good faith – Dismissal unjustified – REMEDIES – No contributory conduct – No order made for lost wages due to undertaking not to enforce judgment – Found applicant hurt by manner informed employment terminated – Found $10,000 compensation appropriate but for undertaking not to enforce judgment – Found applicant entitled to $3,000 contribution to costs but for undertaking not to enforce judgment – General practitioner |
| Result | Application granted ; No order for costs |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | wa 84a_09.pdf [pdf 13 KB] |