| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 262 |
| Hearing date | 30 Oct 2013 |
| Determination date | 20 December 2013 |
| Member | H Doyle |
| Representation | R Black ; B Atwal (in person) |
| Location | Christchurch |
| Parties | Raumaewa v Atwal (AKA Singh) |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – No written employment agreement – Whether applicant dismissed following argument regarding absence of water in paddock containing cattle – Whether applicant abandoned employment – Whether respondent intended to offer applicant part time employment – Whether applicant did not recognise respondent as employer and misled respondent as to experience – ARREARS OF WAGES – Applicant sought arrears of wages – Farm assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant did not abandon employment at end of argument but formed view had been dismissed. Respondent decided did not want applicant working full time and did not correct applicant’s view or state belief applicant abandoned employment. Respondent’s concerns about applicant’s performance and ability not put to applicant fairly before decision made to change applicant’s employment to part time. Applicant dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $3,133 reimbursement of lost wages. $5,000 compensation appropriate.;ARREARS OF WAGES: Applicant not paid for work undertaken. Respondent to pay applicant $241 arrears of wages. |
| Result | Applications granted ; Reimbursement of lost wages ($3,133.36) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($241.41) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d) |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Christchurch_262.pdf [pdf 167 KB] |