| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 165 |
| Hearing date | 16 Oct 2014 |
| Determination date | 24 October 2014 |
| Member | H Doyle |
| Representation | K Clough ; No appearance |
| Location | Christchurch |
| Parties | Clough v Contract Plastering Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed - Applicant away from work due to surgery - Applicant told respondent in receivership and no job for applicant - Applicant made enquiries with Companies Office and was advised respondent not in receivership - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - Payment for public holidays - Public holidays either side of sick leave - No remaining sick leave entitlement - No appearance for respondent - Plasterer |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Respondent failed to comply with any procedural fairness tests. Respondent misled and deceived applicant about reason for dismissal. Dismissal unjustified. REMEDIES: Respondent to pay applicant $2,835 reimbursement of lost wages. $5,000 compensation appropriate.ARREARS OF HOLIDAY PAY - No leave records. Unlikely applicant well enough to work both public holidays if normal working days. Applicant entitled to payment for one public holiday. Respondent to pay applicant $864 arrears of holiday pay. |
| Result | Applications granted; Reimbursement of lost wages ($2,835); Compensation for humiliation etc ($5,000); Arrears of holiday pay ($864); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);Holidays Act 2003 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Christchurch_165.pdf [pdf 616 KB] |