| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 202 |
| Hearing date | 23-Aug-16 |
| Determination date | 09 November 2016 |
| Member | C Hickey |
| Representation | A Whelan ; D Hudson |
| Location | Invercargill |
| Parties | Luckman v TK & A Stevens Contracting Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity - Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of monies incurred by cleaning of accommodation – Stock manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Arguable that respondent did not take reasonable steps to consult applicant about timeframe for injury to heal. Respondent did not take reasonable steps to get informed medical opinion about applicant’s ability to perform required duties or give applicant reasonable opportunity to respond. More than likely that applicant’s employment would have been terminated if fair process had been followed. Dismissal unjustified. REMEDIES: No contributory conduct. $2,000 compensation appropriate.COUNTERCLAIM – RECOVERY OF MONIES: No jurisdiction to hear residential tenancies claim. In any case, evidence establishes that respondent was happy with state of premises when applicant left and respondent did not present sufficient evidence to say that premises left in bad state. No recovery of monies. |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; Application dismissed (counterclaim – recovery of monies) ; Disbursements in favour of applicant ($71.56) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s103A(3) ; Residential Tenancies Act 1986 s4 ; Residential Tenancies Act 1986 s5 |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Christchurch_202.pdf [pdf 206 KB] |