| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 458/09 |
| Hearing date | 17 Dec 2009 |
| Determination date | 17 December 2009 |
| Member | L Robinson |
| Representation | T Wang ; No appearance |
| Location | Auckland |
| Parties | Chetty v NZ Quality Auto Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed dismissed for refusing to follow unlawful instructions – Applicant told by respondent’s director’s wife (“J”) to pass vehicle for WOF inspection that had number plates swapped – Applicant declined instructions as unlawful – J told applicant to leave workplace and go home – Applicant regarded employment terminated – Applicant subsequently invited by respondent’s director to lunch and asked applicant to not take further action – Applicant declined invitation and advised not returning to work – J went to applicant’s home and left bags of fruit at applicant’s door – Applicant advised respondent dismissal unjustified and would pursue grievance – Authority found applicant unjustifiably dismissed for refusing to follow unlawful instructions – Found applicant entitled to regard direction to leave workplace as summary dismissal – Dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of 11 weeks lost wages – Found $5,000 compensation appropriate – ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Authority found arrears due and owing – Respondent ordered to pay applicant total of $3,488 in arrears of wages and holiday pay – Interest payable – Mechanic/WOF Inspector |
| Result | Applications granted ; Arrears of wages ($815) ; Arrears of holiday pay ($2,673) ; Interest (4%) ; Reimbursement of lost wages ($8,965) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 5 |
| PDF File Link: | aa 458_09.pdf [pdf 23 KB] |