| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 214 |
| Hearing date | 6-Sep-16 |
| Determination date | 07 December 2016 |
| Member | P van Keulen |
| Representation | R Thompson ; A Marsh |
| Location | Christchurch |
| Parties | Clifton v Korach |
| Summary | UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for failure to provide written employment agreement - Cleaner |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL:Respondent dismissed applicant by text message. Applicant did not resign. Procedural fairness requirements not met. Dismissal unjustified. REMEDIES: 10 per cent contributory conduct. Respondent to pay applicant $1,024 reimbursement of lost wages. $9,000 compensation appropriate.PENALTY: Respondent failed to provide written employment agreement. No ulterior motive in respondent’s actions. Applicant did not suffer any direct loss. No evidence about respondent’s ability to pay penalty. $1,500 penalty appropriate. |
| Result | Applications granted ; Contributory conduct (10%) ; Reimbursement of lost wages ($1,024.55) ; Compensation for humiliation etc ($9,000) ; Penalty ($750)(payable to applicant)($750)(payable to Crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A ; ERA s103A ; ERA s124 ; ERA s128 ; ERA s136(2) |
| Cases Cited | Borsboom v Preet Pvt Ltd [2016] NZEmpC 143 |
| Number of Pages | 15 |
| PDF File Link: | 2016_NZERA_Christchurch_214.pdf [pdf 271 KB] |