| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 325/10 |
| Hearing date | 16 Jul 2010 |
| Determination date | 19 July 2010 |
| Member | D King |
| Representation | M Devoy ; No appearance |
| Location | Auckland |
| Parties | Al-Kabban v VPharmacy Ltd (in receivership) |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Receivers appointed to respondent – Respondent told applicant unable to be kept on as trouble with business – Applicant claimed hugged respondent and said didn’t want respondent to lose business – Applicant claimed previously working 5 days per week – One month later applicant learned someone else employed in applicant’s position working 4 days per week – Applicant claimed dismissal unjustified – Letter from respondent stating no-one employed to replace applicant but contractor employed to work Sundays – Applicant claimed text messages to effect that new employee working 4 days per week – Authority accepted applicant’s evidence as no evidence from respondent – Dismissal unjustified – Found although applicant accepted dismissal at time, was clearly distressed by subsequent events – Found alternative working arrangements not discussed with applicant – Found applicant could have continued in employment but not given opportunity – Found $3,000 compensation appropriate – Found applicant entitled to $11,200 reimbursement of lost wages – Pharmacist |
| Result | Application granted ; Reimbursement of lost wages ($11,200) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 3 |
| PDF File Link: | aa 325_10.pdf [pdf 14 KB] |