| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 68 |
| Hearing date | 28 Mar 2012 |
| Determination date | 17 April 2012 |
| Member | A Dumbleton |
| Representation | M McGill (in person) ; J Cho |
| Location | Christchurch |
| Parties | McGill v Cyrus Holding Ltd t/a No 1 Motors |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant absent from work for several weeks – Respondent claimed applicant failed to return to work - Parties agreed when employment commenced applicant would take some time off for whitebaiting season – Respondent denied parties agreed applicant would be absent for eight weeks and claimed only agreed to four week period – After applicant absent for five weeks applicant sent respondent director (“C”) text message requesting further week off work – C sent applicant text messages that would sell respondent next day as in financial difficulties – Applicant questioned possibility of transfer of employment to new employer – C replied “would not work with applicant” as applicant had already left work and had paid applicant any arrears of wages and holiday pay owing – Authority found C consented to applicant taking eight weeks’ leave – C did not sell respondent – Found C attempted to sell respondent and but sale fell through – Found while applicant absent respondent engaged replacement employee (“X”) – X became permanent employee after applicant did not return to work – Found C did not ask applicant to return to work after sale fell through and only told applicant no longer employed – Found applicant dismissed by respondent when respondent did not allow applicant to return to work after leave – Dismissal unjustified – REMEDIES – No contributory conduct - $5,760 reimbursement of lost wages - Warrant of Fitness Inspector |
| Result | Application granted ; Reimbursement of lost wages ($5,760) ; Disbursements in favour of applicant ($71.56)(filing fee) : No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Christchurch_68.pdf [pdf 27 KB] |