| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 143 |
| Hearing date | 29 Aug 2014 |
| Determination date | 12 September 2014 |
| Member | C Hickey |
| Representation | R Thompson ; G Brodie |
| Parties | McIlroy v Clemence Drilling Contractors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by the respondent - Respondent claimed employment conditional on applicant obtaining restricted drivers licence - Condition not specified in employment agreement - Whether applicant dismissed - Office junior |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant dismissed. respondent's informal approach to licence issue meant applicant not provided with opportunity to respondent to respondent or provide explanation. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $6,000 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages (Quantum to be determined); Compensation for humiliation etc ($6,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(4);ERA s103A(5);ERA s128(2);ERA s174 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Christchurch_143.pdf [pdf 192 KB] |