| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 144 |
| Hearing date | 12 Nov 2013 |
| Determination date | 12 November 2013 |
| Member | P R Stapp |
| Representation | D Oliver ; No appearance |
| Location | Napier |
| Parties | Hansen v KC Contractors (HB) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Applicant received text from respondent ending employment - Applicant telephoned respondent to discuss improving skills and speed of work if at issue – COSTS – Applicant sought contribution towards costs - No appearance for respondent - Painter/decorator |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent provided no defence to claim of unjustified dismissal. Applicant reasonably concluded employment ended when received text message and respondent did not reply to applicant’s attempts to discuss situation. Respondent failed to justify actions and reasons for dismissal and acted unfairly. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $9,282 reimbursement of lost wages. $5,000 compensation appropriate.;COSTS: Less than one day investigation meeting. Respondent to pay applicant $1,695 contribution towards costs. |
| Result | Application granted ; Reimbursement of lost wages ($9,282) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($1,695) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s103A(5);ERA s124;ERA Second Schedule cl12;Employment Relations Authority Regulations 2000 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Wellington_144.pdf [pdf 100 KB] |