| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 78 |
| Hearing date | 16-Mar-17 |
| Determination date | 17 May 2017 |
| Member | D Appleton |
| Representation | P Butler ; L Ryder |
| Location | Christchurch |
| Parties | Mr X v Y Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of loan paid to applicant – Construction Worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Unlikely applicant would have asked for extra leave if had decided to resign. Unlikely applicant would have voluntarily quit given financial circumstance. Respondent dismissed applicant. Dismissal procedurally and substantively unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $12,256 reimbursement of lost wages, $980 reimbursement holiday pay and $376 reimbursement KiwiSaver. $7,000 compensation appropriate.;COUNTERCLAIM – RECOVERY OF MONIES: Employment relationship created opportunity for loan but not a necessary component of loan. No jurisdiction to consider counterclaim. No recovery of monies. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($12,256.25) ; Reimbursement of holiday pay ($980.50) ; Reimbursement of KiwiSaver ($376.69) ; Compensation for humiliation etc ($7,000) ; Application dismissed (recovery of monies) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s5 ; ERA s103 ; ERA s128 ; ERA s128(2) ; ERA s128(3) ; ERA Second Schedule cl11 ; Judicature Act 1908 s87(3) |
| Cases Cited | Iritana Horowai Ngawharau v The Porirua Whanau Centre Trust [2015] NZEmpC 89;JP Morgan Chase Bank NA v Robert Lewis [2015] NZCA 255;Rack v Salters Cartage Limited EmpC Auckland AC7/02, 20 February 2001;Salt v Fell [2006] ERNZ 449 (EmpC) |
| Number of Pages | 16 |
| PDF File Link: | 2017_NZERA_Christchurch_78.pdf [pdf 214 KB] |