| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 20 |
| Hearing date | 11 Dec 2012 |
| Determination date | 25 January 2013 |
| Member | M B Loftus |
| Representation | A Marsh ; C O'Brien (in person) |
| Location | Wanaka |
| Parties | Fisher v O'Brien |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Respondent claimed parties had casual employment relationship and applicant engaged on 'as and when required' basis – Applicant took on regular cleaning duties for respondent – Respondent claimed applicant swore in presence of children and drove vehicle too fast - Respondent claimed disharmony between children and applicant – Child minder |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Cleaning duties introduced element of regularly scheduled work meaning ongoing employment relationship between parties. Respondent failed to put issues to applicant or allow applicant to explain or consider explanation. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,779 reimbursement of lost wages. $4,000 compensation appropriate. |
| Result | Applicant granted; Reimbursement of lost wages ($1,779); Compensation for humiliation etc ($4,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s124;ERA s128(2) |
| Cases Cited | Barnes (formerly Kissell) v Whangarei Returned Services Assoc (Inc) [1007] ERNZ 626;Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Christchurch_20.pdf [pdf 160 KB] |