| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 112 |
| Hearing date | 5 May 2011 |
| Determination date | 17 June 2011 |
| Member | P R Stapp |
| Representation | E G Dewar, K Patterson ; B Laracy |
| Location | Wellington |
| Parties | Armstrong v Wellington Indoor Sports Centre Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant resigned but changed mind and managing director (“D”) agreed applicant to stay at work – D claimed applicant’s attendance became problem while D overseas – Applicant sent text message to D saying sick with diarrhoea – Applicant sent text message to D following day saying sick with flu – D became frustrated that reason for absence changed and sent text message to applicant saying resignation accepted – Applicant did not return to work – Applicant claimed respondent agreed to withdraw applicant’s resignation – Respondent allowed applicant to return to work – Respondent claimed agreed to consider withdrawal of resignation after attendance assessed – Authority found D’s text effectively terminated applicant’s employment – Found no justification for dismissal – Found fair and reasonable employer would not have reacted in such a way – Found fair and reasonable employer would have attempted to make further contact with applicant – Found no investigation – Found employment continuing without any other mutual arrangements – Found D unjustifiably reacted by sending text message and unilaterally relied on resignation that had purportedly been put aside pending assessment of applicant’s attendance – Found applicant failed to communicate with respondent when decided not to respond to D’s text message – Found respondent expected applicant to come to work at least to discuss situation – Dismissal unjustified – REMEDIES – 10 percent contributory conduct – Found applicant’s failure to communicate contributed to situation giving rise to personal grievance – Found applicant went on sickness benefit and not entitled to lost wages for that time – Found likely employment would not have lasted long due to disciplinary matters – $3,314 reimbursement of lost wages appropriate – Found applicant’s health and matters in life could not be put on respondent - $2,700 compensation appropriate |
| Result | Application granted ; Contributory Conduct (10%) ; Reimbursement of lost wages ($3,682.80 reduced to $3,314.52) ; Compensation for humiliation etc ($3,000 reduced to $2,700) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Wellington_112.pdf [pdf 25 KB] |