| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 279 |
| Hearing date | 21 Jun 2011 |
| Determination date | 28 June 2011 |
| Member | D King |
| Representation | K Kaur ; no appearance |
| Location | Auckland |
| Parties | O'Brien v One Stop Auto Repairs And Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - Applicant claimed unjustifiably dismissed by respondent - No appearance for respondent - Applicant approached respondent managing director about poor performance of another employee - Applicant accepted voices were raised - Managing director asked applicant to leave or police would be called - Applicant left workplace - Authority accepted applicant's version of events - Dismissal unjustified - REMEDIES - No reimbursement of lost remuneration as applicant failed to mitigate loss - $2,000 compensation appropriate - COSTS - Applicant sought $1,500 legal costs - Length of investigation meeting not specified - Costs in favour of applicant $1,000 - Car painter |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; Costs in favour of applicant ($1,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s123(1)(c)(i) |
| Number of Pages | 2 |
| PDF File Link: | 2011_NZERA_Auckland_279.pdf [pdf 9 KB] |