| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 394 |
| Hearing date | 19 Aug 2011 |
| Determination date | 12 September 2011 |
| Member | E Robinson |
| Representation | T Gate (in person) ; D Crouch |
| Location | Tauranga |
| Parties | Gate v Deejay Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant left employment voluntarily – Applicant failed to attend shift two weeks after starting and failed to inform respondent director (“D”) or employee responsible for operation of business (“R”) – Applicant told R needed time off as declared unfit to work by doctor but would contact R on agreed date when knew test results – R tried to contact applicant on numerous telephone numbers after applicant failed to contact R as planned – Applicant ignored R’s requests to get in touch – R collected keys to respondent’s depot and truck from applicant and told applicant was dismissed – D told applicant that R had no authority to dismiss applicant and position still available – Applicant claimed could not attend work as had no keys – D claimed told applicant would have been able to work irrespective of keys – Authority found applicant reasonably believed R had authority to dismiss applicant because R was present at recruitment interview, acted as applicant’s supervisor and was in charge of operation of business – Found applicant was dismissed – Found applicant dismissed without any proper procedure being followed – Dismissal unjustified – REMEDIES – 90 percent contributory conduct – Found applicant’s persistent refusal to make contact with R was unreasonable and in breach of good faith – Found applicant would not have been pressured into working additional shifts against wishes – Found R’s dismissal notification was rescinded by D and D presented applicant with opportunity to resume employment with respondent – Reimbursement of lost wages appropriate – $3,000 compensation appropriate – Packer/Driver |
| Result | Application granted ; Contributory conduct (90%) ; Compensation for humiliation etc ($3,000 reduced to $300) ; Reimbursement of lost wages (quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s4(1A)(b);ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_394.pdf [pdf 27 KB] |