| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 95 |
| Hearing date | 20 Feb 2013 |
| Determination date | 30 May 2013 |
| Member | C Hickey |
| Representation | M Zetko ; no appearance |
| Location | Dunedin |
| Parties | Kereopa v Elrich Enterprises Ltd t/a Hanson Removals |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal - Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent - Applicant suffered injuries after assault by applicant - Applicant later injured ankle and told respondent applicant unable to drive – Whether respondent threatened applicant and terminated employment or employment abandoned by applicant – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay - No appearance for respondent - Driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant did not abandon employment but was dismissed by respondent following injury. Summary dismissal not available as injury not serious misconduct. If finding incorrect applicant constructively dismissed by combination of initial assault and later incident when respondent lost temper. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,212 reimbursement of lost wages. $5,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $435 arrears of wages and $1001 arrears of holiday pay. |
| Result | Applications granted ; Reimbursement of lost wages ($7,212.10) ; Compensation for humiliation ($5,000) ; Arrears of wages ($435) ; Arrears of holiday pay ($1,001.80) ; No order for costs ; Disbursements in favour of respondent ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A – ERA s103A(3) – ERA s124 – ERA s128 - ERA s174 - ERA Second Schedule cl12 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Northern Hotel IUOW v Little Ponsonby Tavern Ltd (1990) ERNZ Sel Cas 712;Wellington, Taranaki and Marlborough Clerical IUOW v Greenwich (1983) ERNZ Sel Cas 95 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Christchurch_95.pdf [pdf 213 KB] |