| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 164/10 |
| Hearing date | 27 Jul 2010 - 9 Aug 2010 (2 days) |
| Determination date | 20 August 2010 |
| Member | H Doyle |
| Representation | J Sanders ; no appearance |
| Location | Christchurch |
| Parties | Mills v Metro Floor Canterbury (2002) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed unjustifiably dismissed following respondent’s refusal to engage in discussion over “outburst” – Respondent argued applicant resigned – Co-worker (“S”) advised applicant respondent believed quality of work on assigned duty inadequate – Applicant told S to tell respondent to “stick his job” – Applicant claimed under stress from completing job when outburst occurred – Following day, applicant returned to workplace to arrange meeting with respondent – Advised receptionist would not work until matter resolved - Applicant unsuccessfully attempted to contact respondent – Applicant went on pre-arranged holiday and requested mediation upon return – No response from respondent – Respondent argued applicant resigned as had not returned to workplace therefore final wages paid – Authority found applicant overreacted in exchange with S – Found made attempts to engage with respondent – Found applicant should have confirmed would return rather than advising would not work until matter resolved – Found not open for respondent to conclude applicant resigned without making written enquiry – Found by maintaining applicant had resigned, respondent actually dismissed applicant – Found payment of final wages confirmed employment relationship terminated – Found dismissal unjustified in absence of justification by respondent – REMEDIES – Found 33.33 percent contributory conduct as applicant’s overreaction and non-return contributed to grievance – Reimbursement of $8,812 lost wages - $6,000 compensation appropriate – COSTS – Authority found $2,000 reasonable contribution to costs for less than one day meeting, plus $118 disbursements appropriate – Costs in favour of applicant – Tiler/Tradesperson |
| Result | Application granted ; Reimbursement of lost wages ($8,812 reduced to $5,703.16) ; Compensation for humiliation etc ($6,000 reduced to $4,000.20) ; Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($118.75) |
| Main Category | Personal Grievance |
| Cases Cited | Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 Feb 1994, WEC 3/94;Chicken & Food Distributors (1990) Ltd v Central Clerical Workers Union [1991] 1 ERNZ 502 |
| Number of Pages | 11 |
| PDF File Link: | ca 164_10.pdf [pdf 38 KB] |