| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 142 |
| Hearing date | 4 Jul 2013 |
| Determination date | 10 July 2013 |
| Member | H Doyle |
| Representation | C Rooney ; G Gosney |
| Location | Christchurch |
| Parties | Briggs v Goscut Concrete Cutter Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent allegedly shouted at applicant – Applicant informed office manager would not be back – Respondent contacted applicant and resolved matters – Respondent unsatisfied with applicant’s performance and asked applicant whether applicant intended to improve – Applicant intended not to remedy performance – Profanity – Applicant told to leave and return boots and gear – Whether applicant resigned or dismissed – RECOVERY OF MONIES – Applicant sought recovery of monies deducted from pay - Applicant had accident in work van - Applicant agreed to pay insurance excess – No written employment agreement – Respondent deducted $600 from final pay |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No clear and unambiguous resignation. Applicant focussed on feelings about job as opposed to intention to resign. Respondent more likely to seize words as resignation. No resignation. Applicant dismissed. Concerns not raised in formal way. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,800 reimbursement of lost wages. $1,500 compensation appropriate.;RECOVERY OF MONIES: Applicant never received written employment agreement. Deduction unlawful. Respondent to pay applicant $600 recovery of monies. |
| Result | Application granted ; Reimbursement of lost wages ($1,800) ; Compensation for humiliation etc ($1,500) ; Recovery of monies $600 ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - Wages Protection Act 1983 s4 - Wages Protection Act 1983 s5 |
| Cases Cited | Amatal Fishing Co Ltd v Morunga [2002] 1 ERNZ 692;Monteith v Hakansson, unreported, Shaw J, 3 Mar 2008, WC5/08 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Christchurch_142.pdf [pdf 157 KB] |