| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 116/02 |
| Hearing date | 24 Oct 2002 |
| Determination date | 14 November 2002 |
| Member | N Taylor |
| Representation | S Zindel ; G Downing |
| Location | Christchurch |
| Parties | Richards v Kiwi Kayaks Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether procedurally fair - Agreed to work up to seven days per week and undertake 3-day tours - Failed to return employment agreement for over six weeks - Attempted to amend employment agreement - Sought to remove 3-day tour requirement - Respondent refused to accept amended agreement - Alleged entitled to dismiss for repudiation of contract - Dismissal without opportunity to be heard - Dismissal procedurally unfair - Remedies - Contributory conduct - Applicant's refusal to accept terms of agreement contributed to grievance - Remedies reduced by 60 percent - Kayaking guide |
| Result | Application granted ; Reimbursement of lost wages ($1,963.70 reduced to 785.48) ; Compensation for humiliation etc ($3,000 reduced to $1,200) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | Dryfhout v The New Zealand Guardian Trust Company Ltd unreported, Colgan J, 12 September 1996, AEC 58/96;Hennessey v Auckland City Council [1983] ACJ 593 |
| Number of Pages | 5 |
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