| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 123/10 |
| Hearing date | 25 Aug 2009 - 28 Aug 2009 (3 days) |
| Determination date | 16 March 2010 |
| Member | A Dumbleton |
| Representation | C Eggleston ; D Erickson |
| Location | Auckland |
| Parties | Eagle v Flight Centre (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed during notice period after gave notice of resignation and then claimed retracted notice – Also claimed bullying behaviour by respondent and improper interference in work caused loss of commission – Also claimed loss of opportunity of staff holiday earned during employment – Authority found no dispute applicant resigned – Found when respondent received resignation aware applicant under significant stress – Found applicant gave resignation clearly and unequivocally – Respondent argued applicant’s husband (“H”) had asked whether applicant could have job back – Respondent refused – H argued was applicant who withdrew resignation – Found likely H asked for applicant’s job back to support and protect applicant’s interests – Authority preferred evidence of respondent – Found retraction not expressly or impliedly agreed to by respondent – Found applicant resigned – Subsequently applicant told being “walked out” during notice period – Authority found clear from evidence being “walked out” amounted to summary dismissal – Found no justification for summary termination – Found no express or implied term allowing employer pay in lieu of notice – Found unilateral variation breach of employment agreement – Found respondent should have consulted applicant if believed had grounds to terminate employment – Found dismissal unjustified – Found Authority could not review respondent’s discretion regarding staff holiday – Found respondent acted fairly and reasonably on information gathered regarding health and safety claim – REMEDIES – Found no contributory conduct – Authority directed respondent to investigate whether applicant paid full notice period – Found respondent treated applicant with lack of sensitivity and compassion knowing applicant’s physical and mental frailty – Found $5000 compensation appropriate – Retail Travel Consultant |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A |
| Number of Pages | 13 |
| PDF File Link: | aa 123_10.pdf [pdf 42 KB] |