| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 65 |
| Hearing date | 10 Apr 2013 |
| Determination date | 31 May 2013 |
| Member | P R Stapp |
| Representation | P O'Sullivan ; D McLeod |
| Location | Wellington |
| Parties | Hill v Workforce Development Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Triangular employment – Applicant worked at prison – Applicant sent correspondence to inmate – Applicant breached prison code of conduct – Access to facility withdrawn – Frustration of contract – Tutor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Prison not party to employment agreement. Respondent failed to recognise obligations to applicant. No opportunity for applicant to get legal advice. Fair and reasonable employer expected to do more to mitigate outcome. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $11,128 reimbursement of lost wages. $8,000 compensation appropriate. |
| Result | Application granted; Compensation for humiliation etc ($11,128); Reimbursement of lost wages ($8,000); Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Wellington_65.pdf [pdf 227 KB] |