| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 80/10 |
| Hearing date | 17 Feb 2010 |
| Determination date | 18 February 2010 |
| Member | Y S Oldfield |
| Representation | D Collins ; no appearance |
| Location | Auckland |
| Parties | Williams v Banksia Holdings Ltd |
| Summary | BREACH OF CONTRACT - UNJUSTIFIED DISMISSAL - No appearance for respondent - Applicant claimed unjustifiably dismissed and owed pay in lieu of notice - Applicant claimed respondent’s director (“H”) shouted at him and was intimidating - Applicant gave H letter stating if behaviour did not cease applicant “might have to take legal action” - Next day applicant dismissed - Applicant refused to leave premises until given “severance pay” and letter confirming dismissal - H called Police who removed applicant from premises - Meeting held where agreed applicant would return to work as head chef conditional on increase in hourly rate - When hourly rate not increased applicant and H had argument and applicant dismissed again - Applicant refused to leave premises until paid entitlements - Applicant again removed from premise by Police - Applicant received final pay but not pay in lieu of notice - Found based on applicant’s evidence dismissal unjustified - Remedies - Found applicant entitled to pay in lieu of notice - Applicant found part time work and received unemployment benefit - Applicant entitled to reimbursement of lost wages - Authority did not accept being removed from premises by Police went to issue of humiliation - Found was applicant’s choice to remain on premises after being asked to leave - Found given brevity of employment and applicant confirmed employment after returning after first dismissal pay in lieu of notice and reimbursement of lost wages adequately compensated applicant - No award of compensation - Chef |
| Result | Application granted ; Reimbursement of lost wages ($2,160) ; Pay in lieu of notice ($2,160) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | aa 80_10.pdf [pdf 21 KB] |