| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 107/10 |
| Hearing date | 23 Feb 2010 |
| Determination date | 09 March 2010 |
| Member | L Robinson |
| Representation | D Bustamente (in person) ; K Li |
| Location | Auckland |
| Parties | Bustamente v L & W Ltd t/a Canteen Cafe |
| Summary | UNJUSTIFIED DISMISSAL – Applicant informed respondent wished to travel to native Brazil but not entitled to annual leave – Respondent left message while applicant away to take extra unpaid leave because business quiet – Applicant sought redundancy – Applicant refused to sign redundancy letter without advice – Respondent snatched letter and would not give it back to applicant – Respondent asked applicant to report for work following day – Applicant failed to return to work – Respondent threatened further action following absence – Applicant claimed unjustifiably dismissed – Authority found asking applicant to take extra unpaid leave amounted to dismissal – Found request for redundancy letter affirmed respondent’s actions and employment terminated – Found applicant already dismissed when asked to report for work – Found no consultation or engagement with applicant prior to dismissal – Dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of wages for notice period appropriate – $3,000 compensation appropriate – Junior chef/baker |
| Result | Application granted ; Reimbursement of lost wages ($1,400) ; Compensation for humiliation etc ($3,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 6 |
| PDF File Link: | aa 107_10.pdf [pdf 21 KB] |