| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 125 |
| Hearing date | 20 Apr 2012 |
| Determination date | 25 June 2012 |
| Member | D King |
| Representation | S Boyce, K Murray ; M Lindstrom |
| Location | Christchurch |
| Parties | Craig v Direct Freight Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant continued to work for respondent in Christchurch and did not abandon employment – Found applicant dismissed – Found process leading to dismissal marked by lack of fairness – Dismissal unjustified – REMEDIES – No contributory conduct - $5,000 compensation appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Respondent to pay applicant $2,880 arrears of wages and $1,924 arrears of holiday pay – Interest payable – RECOVERY OF MONIES – Applicant sought recovery of accommodation expenses – Found applicant not instructed to go to Christchurch and incur accommodation expenses – No recovery of monies – PENALTY – Applicant sought penalty for respondent’s failure to provide reasons for applicant’s dismissal within 14 days, failure to provide wage and time records and breach of good faith - $5,000 penalty appropriate for respondent’s failure to provide wage and time records – Found no jurisdiction to award penalty for respondent’s failure to provide reasons for dismissal – Found submission on respondent’s alleged breach of good faith insufficient to determine if penalty should be awarded – No penalty for respondent’s failure to provide statement of reasons for dismissal within 14 days or alleged breach of good faith – Truck driver |
| Abstract | Applicant employed by respondent as truck driver. Applicant claimed unjustifiably dismissed by respondent. Applicant sought arrears of wages and holiday pay. Applicant sought recovery of accommodation expenses. Applicant sought penalty for respondent’s failure to provide reasons for applicant’s dismissal within 14 days, failure to provide wage and time records and breach of good faith. Applicant drove Picton to Christchurch run but formed impression needed in Christchurch. Applicant claimed asked by respondent to work in Christchurch for four weeks while respondent found new drivers. Applicant found replacement driver (“S”) for applicant’s run while applicant away. Respondent denied any arrangement for applicant to work in Christchurch. Two weeks later, applicant claimed no sign of additional drivers and told respondent would stay in Christchurch. Respondent claimed sufficient drivers in Christchurch and unaware applicant had moved to Christchurch. Respondent claimed unaware initially applicant had engaged S. Two weeks later respondent claimed applicant had criticised manager and was causing trouble. Applicant dismissed. Applicant sought return to old run but respondent claimed S had been confirmed into position. Respondent claimed applicant abandoned employment when applicant moved to Christchurch. Applicant claimed not paid overtime, three days wages or wages for notice period. Applicant claimed owed holiday pay and three days in lieu of public holidays worked. Applicant claimed understood respondent would meet applicant’s accommodation expenses in Christchurch.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant continued to work for respondent in Christchurch and did not abandon employment. No obligation for respondent to offer work to S. Applicant dismissed. Process leading to dismissal marked by lack of fairness. Dismissal unjustified. REMEDIES: No contributory conduct. $5,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $2,880 arrears of wages and $1,924 arrears of holiday pay. Interest payable.;RECOVERY OF MONIES: Applicant not instructed to go to Christchurch and incur accommodation expenses. No recovery of monies.;PENALTY: $5,000 penalty appropriate for respondent’s failure to supply wage and time records. No jurisdiction to award penalty for respondent’s failure to provide reasons for dismissal. Submission on respondent’s alleged breach of good faith insufficient to determine if penalty should be awarded. No penalty for respondent’s failure to provide statement of reasons for dismissal within 14 days or alleged breach of good faith. |
| Result | Applications granted (unjustified dismissal)(arrears of wages and holiday pay)(penalty)(failure to supply wage and time records); Compensation for humiliation etc ($5,000); Arrears of wages ($2,880); Arrears of holiday pay ($1,924.80); Interest (5%); Penalty ($5,000)($2,500 payable to Crown)($2,500 payable to applicant); Applications dismissed (recovery of monies)(penalty)(failure to provide statement of reasons for dismissal within 14 days)(penalty)(breach of good faith); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s120;ERA s130(2);ERA s130(4);ERA s132(2);ERA s136(1);ERA s136(2);Holidays Act 2003 s18(3);Holidays Act 2003 s19;Holidays Act 2003 s32;Judicature Act 1908 s18(3) |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Christchurch_125.pdf [pdf 177 KB] |