| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 218/02 |
| Hearing date | 25 Jul 2002 |
| Determination date | 29 July 2002 |
| Member | WRC Gardiner |
| Representation | Savage (In person) ; G Denholm |
| Location | Auckland |
| Parties | Savage v Colin Stevens & Sue Harrison t/a Sitting Duck Cafe |
| Summary | CONSENT ORDER - Agreement reached as to arrears of wages and holiday pay due and owing - Order to be recorded by way of consent order - UNJUSTIFIED DISMISSAL - Poor performance - Whether resigned or dismissed - Verbal warning given - Applicant requested meeting to discuss warning - Failed to attend meeting - Further meeting held - Verbal altercation with co-worker - Abused manager for intervening - Stormed out of work - Served with trespass notice - Trespass notice amounted to dismissal - Dismissal procedurally unfair - Remedies - Applicant's uncooperative attitude significantly contributed to situation - Contributory conduct reduced remedies to nil - Dish washer |
| Result | Application granted ; Consent order granted ; Contributory conduct reduced remedies to nil ; Costs reserved |
| Statutes | ERA s160(1)(c) |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |