| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 387/10 |
| Determination date | 26 August 2010 |
| Member | R Larmer |
| Representation | D Feist ; G Scott |
| Location | Auckland |
| Parties | Anderson v Media Solutions Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed dismissed because too sick to continue working – Respondent claimed no dismissal and applicant left voluntarily – Applicant claimed did not want to leave and fit to work because medical certificate for sick leave expired – Authority found applicant’s employment did not end by agreement – Found respondent initiated termination and unilaterally acted to end employment – Respondent claimed poor health ongoing and could not let it continue – Found applicant’s presence at work not urgent health and safety issue which had to be resolved by ending employment – Found applicant’s sick leave for different relatively minor illnesses – Found respondent did not provide evidence could not sustain absence – Found premature to dismiss applicant – Authority rejected respondent’s argument negligent not to end employment immediately – Found complete lack of process – Found respondent breached good faith obligations by failing to provide applicant with information on which based views to dismiss – Dismissal unjustified – REMEDIES – No contributory conduct – Found no award for remuneration because as result of award of unpaid notice applicant did not lose any remuneration – $6,500 compensation appropriate – ARREARS OF WAGES – Applicant claimed unpaid notice period – Found employment agreement provided four weeks’ notice of termination – Respondent accepted only paid one week’s pay in lieu of notice – Found applicant entitled to three weeks’ pay in lieu of notice – Found wages due and owing |
| Result | Applications granted ; Compensation for humiliation etc ($6,500) ; Arrears of wages ($3,912.54) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s124 |
| Cases Cited | Air New Zealand Ltd v V [2009] ERNZ 185;Auckland Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136;Barry v Wilson Parking NZ (1992) Ltd [1998] ERNZ 545;EN Ramsbottom v Chambers [2000] 2 ERNZ 97;Motor Machinists v Craig [1996] 2 ERNZ 585;NID Distribution Workers IUOW v Foodtown Supermarkets Ltd [1988] NZILR 588;Paykel v Morton [1994] ERNZ 875;Principal of Auckland College of Education v Hagg [1997] ERNZ 116;Wellington etc Clerical etc IUOW v Greenwich & Assocs Employment Agency and Complete Fitness Centre (1983) ERNZ Sel Cas 95 |
| Number of Pages | 11 |
| PDF File Link: | aa 387_10.pdf [pdf 36 KB] |