| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 90 |
| Hearing date | 19 Jun 2015 |
| Determination date | 03 July 2015 |
| Member | J Crichton |
| Representation | R Thompson ; P Butler |
| Location | Christchurch |
| Parties | Burgess v Concrete4U Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity - Applicant claimed unjustifiably dismissed by respondent – Summary dismissal – Loss of driver’s licence - Whether term of agreement that applicant able to drive motor vehicle - PENALTY – Applicant sought penalty for respondent’s failure to provide written employment agreement (“EA”) – Concrete placer |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Employees needed vehicle to carry out work, as vehicles contained all necessary tools and allowed employees to travel to building sites where work available. Implied term of agreement that applicant able to drive motor vehicle. Good faith obligations required applicant to inform respondent of loss of licence immediately. Respondent failed to give applicant opportunity to get advice, to put things right or to propose alternative solution. Fair and reasonable employer would not have summarily dismissed applicant. Dismissal unjustified. REMEDIES: 25 per cent contributory conduct. Respondent to pay applicant $1,000 reimbursement of lost wages. $3,000 compensation appropriate.PENALTY: Respondent acknowledged previous failure to provide EA, but now provides all staff with EAs. Absence of EA did not affect outcome as requirement to have driver’s licence implied term. No penalty. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (25%) ; Reimbursement of lost wages ($1,000) ; Compensation for humiliation etc ($3,000) ; Application dismissed (penalty) ; Disbursements in favour of applicant ($71.56) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s128 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Christchurch_90.pdf [pdf 184 KB] |