| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 49 |
| Hearing date | 27 Feb 2014 |
| Determination date | 01 April 2014 |
| Member | H Doyle |
| Representation | J Walker ; L Radich |
| Location | Blenheim |
| Parties | Boskett-Barnes v Newman Graphics Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor Performance - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent accepted incorrectly relied on 90 day trial period as clause not included in parties employment agreement - Allegation applicant walked out and allegations of inappropriate language, behaviour and assault - ARREARS OF WAGES - Applicant sought arrears of wages - Sign writer |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant apologised for walking out. Allegations not followed up or taken further and parties continued working together for several weeks . Procedural defects not minor as no process at all. Respondent not fair or reasonable. Dismissal unjustified. REMEDIES: No contributory behaviour. $8,800 reimbursement of lost wages. $5,000 compensation appropriate.;ARREARS OF WAGES: Not satisfied money owing to applicant. no arrears of wages. |
| Result | Application granted (unjustified dismissal); Reimbursement of lost wages ($8,800); Compensation for humiliation etc ($5,000); Application dismissed (arrears of wages); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A;ERA s124;ERA s103;ERA s103(a);ERA s103(b);ERA s103(c);ERA s103(d) |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Christchurch_49.pdf [pdf 132 KB] |