| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 144 |
| Hearing date | 22 Jul 2014 |
| Determination date | 15 September 2014 |
| Member | H Doyle |
| Representation | R Peters ; M Brugeyroux |
| Location | Christchurch |
| Parties | Milligan v Broadway General Carriers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant assaulted staff member of only customer - Customer revoked applicant's status as approved driver - Whether applicant dismissed by respondent - Triangular employment - Frustration - RECOVERY OF MONIES - Applicant sought recovery of monies for damage done to personal property - HOLIDAY PAY - Applicant sought arrears of holiday pay - Truck driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant dismissed by respondent. Fair and reasonable to find applicant's actions serious misconduct but dismissal without any investigation could not be justified. Dismissal unjustified. REMEDIES: 33 per cent contributory conduct. $4,000 compensation appropriate.;RECOVERY OF MONIES: Near impossible to conclude what a fair reward would be as no evidence as to value other than applicant's view. No recovery of monies.;HOLIDAY PAY: Absence of holiday record and applicant's salary unclear. Authority calculated holiday pay entitlement. Respondent to pay applicant $5,821 arrears of holiday pay. |
| Result | Applications granted (unjustified dismissal)(arrears of holiday pay); Contributory conduct (33%); Compensation for hurt and humiliation ($4,000); Arrears of holiday pay ($5,821.30); Application dismissed (recovery of monies); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);Holidays Act 2003;Holidays Act 2003 s81;Holidays Act 2003 s83 |
| Cases Cited | A Farmer v A Worker [2010] NZCA 547;Howard v Carter Holt Harvey Packaging Ltd [2014] NZEmpC 157 |
| Number of Pages | 16 |
| PDF File Link: | 2014_NZERA_Christchurch_144.pdf [pdf 160 KB] |