| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 96 |
| Hearing date | 1 Jul 2014 |
| Determination date | 03 July 2014 |
| Member | M B Loftus |
| Representation | A Ogilvie ; no appearance |
| Location | Christchurch |
| Parties | Chapman v Sweethearts at Berryfields Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed - Whether applicant dismissed or resigned - ACC - Partial return to work following injury - COSTS - Applicant sought contribution towards costs - No appearance for respondent - Gardener and kitchen hand |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant dismissed after attempt to return to work following injury. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $5,850 reimbursement of lost wages. $7,500 compensation appropriate.;COSTS: Less than one day investigation meeting. Applicant had to prepare on basis claims would be defended. Applicant made legitimate calderbank offer. Uplift in daily tariff appropriate. Respondent to pay applicant $5,000 contribution towards costs |
| Result | Application granted; Reimbursement of lost wages ($5,850); Compensation for humiliation etc ($7,500); Costs in favour of applicant ($5,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3)(a);ERA s124;ERA s128(2) |
| Cases Cited | Allen v Transpacific Industries Group Ltd (t/as Medismart Ltd) (2009) 6 NZELR 530;Bradbury v Westpac Banking Corp [2009] 3 NZLR 400;Motor Machinists Ltd v Craig [1996] 2 ERNZ 585;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Christchurch_96.pdf [pdf 159 KB] |