| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 199 |
| Hearing date | 3-Dec-15 |
| Determination date | 14 December 2015 |
| Member | Christine Hickey |
| Representation | P Cahill ; no appearance |
| Location | Christchurch |
| Parties | Winklmaier v Breads of Europe Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed – Summary dismissal – PENALTY – GOOD FAITH – Applicant sought penalty for breach of good faith, failure to provide applicant with written employment agreement, failure to provide written reasons for dismissal on request and failure to supply wage and time records - Delivery driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant not on valid 90 day trial period because no written employment agreement in place. Respondent did not sufficiently investigate allegations against applicant, did not properly raise concerns with applicant, did not offer applicant opportunity to comment and did not genuinely consider any explanation provided. Applicant never shown statements about behaviour. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $3,951 reimbursement of lost wages. Interest payable. $7,500 compensation appropriate.;PENALTY – GOOD FAITH: Respondent breached good faith, but included in personal grievance remedies. Respondent failed to provide written employment agreement, failed to comply with request for written statement of reasons for dismissal and failed to supply sufficient records when requested. Respondent’s business sold and respondent in liquidation so no real purpose served by awarding penalties. No penalty. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($3,951.41) ; Compensation for humiliation etc ($7,500) ; Disbursements in favour of applicant ($71.56) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s63A(2)(a);ERA s103A;ERA s120;ERA s120(1);ERA s128(2);ERA s130;ERA s130(2);ERA s130(4);ERA s132(2);Judicature Act 1908 s87(3);Judicature (Prescribed Rate of Interest) Order 2011 |
| Cases Cited | Judicature (Prescribed Rate of Interest) Order 2011 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Christchurch_199.pdf [pdf 172 KB] |