| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 147 |
| Hearing date | 21-Sep-15, 23-Sep-15 (2 days) |
| Determination date | 08 October 2015 |
| Member | James Crichton |
| Representation | S Richardson ; R Saunders (in person) |
| Location | Christchurch |
| Parties | Jemmett v Saunders |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal – PENALTY – Applicant sought penalty for failure to provide employment agreement and failure to keep wage, time and holiday records – COSTS – Applicant sought contribution to costs |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: When applicant concerned that she had been dismissed and asked respondent for clarification, respondent confirmed dismissal. Any reasonable observer would consider that applicant dismissed under such circumstances. Fair and reasonable employer would not have dismissed applicant. Dismissal unjustified. REMEDIES: 25 per cent contributory conduct. Respondent to pay applicant $3,000 reimbursement of lost wages. $1,000 compensation appropriate.;PENALTY: Payment of compensation and reimbursement of lost wages could be challenging for respondent without imposition of penalty as well. No penalty.;COSTS: Respondent to pay applicant $750 contribution towards costs. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (35%) ; Reimbursement of lost wages ($3,000) ; Compensation for humiliation etc ($1,000) ; Costs in favour of applicant ($750) ; Application dismissed (penalty) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Christchurch_147.pdf [pdf 164 KB] |