| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 210 |
| Hearing date | 1 Oct 2013 |
| Determination date | 08 October 2013 |
| Member | H Doyle |
| Representation | J Hobson (in person) ; K Campbell |
| Location | Oamaru |
| Parties | Hobson v The Corner Store 2009 Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – Applicant resigned employment effective on specified date – Respondent terminated applicant’s employment effective immediately – Respondent sought to pay applicant in lieu of notice – Whether applicant allowed to give more notice than required in employment agreement – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages for costs incurred repairing vehicle – Whether applicant responsible for repair of company vehicle – Sales engineer/Project manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant not informed respondent had to approve notice period. Applicant entitled to give longer period of notice than required. Applicant gave extended notice to be fair and reasonable. Termination date unilaterally selected by respondent. Applicant dismissed. Respondent did not follow fair and reasonable process. Unjustified disadvantage claim absorbed by dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,692 reimbursement of lost wages. $3,500 compensation appropriate.;COUNTERCLAIM – BREACH OF CONTRACT: Truck regularly serviced while driven by applicant. No evidence applicant breached obligations. Damage likely occurred well after applicant left employment. No breach of contract. |
| Result | Applications granted (unjustified disadvantage)(unjustified dismissal) ; Reimbursement of lost wages ($2,692.30) ; Compensation for humiliation etc ($3,500) ; Application dismissed (counterclaim – recovery of monies) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A;ERA s103A(3) |
| Cases Cited | Auckland and Gisborne Amalgamated Society of Shop Employees and Related Trades (other than Auckland Butchers, Grocers and Chemists Employees) Industrial Union of Workers v Bos Upholstery Ltd [1985] ACJ 477;Whitson v Sabre Corp Ltd unreported, W Gardiner, 8 August 2001, AA104/01 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Christchurch_210.pdf [pdf 189 KB] |