Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 227/02
Hearing date 11 Jul 2002
Determination date 07 August 2002
Member K J Anderson
Representation G Pollak ; C Pile
Location Auckland
Parties Armitage v EP Maddren & Sons Ltd
Summary UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment - Alleged dismissed during heated argument - Claimed applicant walked out - Dismissal established - Dismissal unjustified - Remedies - Warned not to raise voice during meeting - Applicant active participant in argument - Conduct contributed to grievance - Contributory conduct 30 percent - Loss of benefit claim for use of vehicle - Vehicle only for travel to and from work - Not entitled to loss of benefit claim - Building supervisor
Result Application granted ; Reimbursement of lost wages ($8,352 reduced to $5,568) ; Compensation for humiliation etc ($1,500 reduced to $1,000) ; Costs reserved
Cases Cited Davis Trading Co Ltd v Lewis [1993] 2 ERNZ 272
Number of Pages 5
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