| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 297/10 |
| Hearing date | 13 Apr 2010 |
| Determination date | 25 June 2010 |
| Member | V Campbell |
| Representation | J Parlane ; S Hood |
| Location | Auckland |
| Parties | Dabb v K & S Employment Agency Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Respondent claimed applicant lodged personal grievance before raising it with respondent and did not provide enough detail of personal grievance to allow it to be addressed – Authority found respondent on notice of what applicant wanted to resolve employment relationship problem – Found applicant may have acted prematurely in forwarding statement of problem to Authority before raising grievance with respondent but did not deny respondent opportunity to address grievance informally in first instance – Found personal grievance properly raised – BREACH OF CONTRACT – Respondent claimed applicant breached employment agreement by not discussing problem with employer – Found employment agreement required applicant to enter into discussions with respondent to resolve employment problem – Found applicant failed to do so – Found breach not serious enough to warrant penalty – UNJUSTIFIED DISMISSAL – Applicant claimed told no longer required – Respondent claimed applicant voluntarily left employment – Found respondent to prove abandonment by showing applicant failed to turn up for work for two consecutive days – Found applicant on usual rostered days off when raised personal grievance – Found applicant had not failed to turn up for work – Found applicant did not abandon employment – Found respondent’s actions in not contacting applicant, taking no steps to get applicant back to work, or to establish services no longer required constituted unjustified dismissal – REMEDIES – Applicant in breach of employment agreement in not discussing problem with respondent – 25 percent contributory conduct – Found reinstatement not practicable because applicant subject to fixed term agreement which ended – Found one week’s reimbursement of lost wages appropriate for lack of notice – $3,500 compensation appropriate |
| Result | Application granted ; Reimbursement of lost wages ($792 reduced to $594) ; Compensation for humiliation etc ($3,500 reduced to $2,625) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s114 |
| Cases Cited | Board of Trustees of Te Kura Motuhake o Tawhiuau v Edmonds [2008] ERNZ 139 |
| Number of Pages | 9 |
| PDF File Link: | aa 297_10.pdf [pdf 32 KB] |