| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 25 |
| Hearing date | 28 Jan 2013 |
| Determination date | 01 February 2013 |
| Member | M B Loftus |
| Representation | S Boyce ; R Westphal |
| Location | Nelson |
| Parties | Howe-Thornley v The Salad Bowl Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant employed by respondent - Job trial - Allegation of theft - GOOD FAITH - PENALTY - Applicant sought penalty for respondents breach of good faith - Failure to provide information and attend mediation - ARREARS OF WAGES - Applicant sought arrears of wages |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant employed by respondent. Respondent failed to discuss serious allegation with applicant. No evidence of theft by applicant. Dismissal unjustified. REMEDIES: Respondent to pay applicant $1,215 reimbursement of lost wages. $5,000 compensation appropriate.;GOOD FAITH - PENALTY: No breach of good faith. No penalty.;ARREARS OF WAGES: Respondent to pay applicant $67 arrears of wages. |
| Result | Applications granted (unjustified dismissal)(arrears of wages); Reimbursement of lost wages ($1,215); Compensation for humiliation etc ($5,000); Arrears of wages ($67.50); Applications dismissed (goodfaith - penalty); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s124 - ERA s132 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_25.pdf [pdf 163 KB] |