| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 163 |
| Hearing date | 10-Aug-17 |
| Determination date | 27 September 2017 |
| Member | D Appleton |
| Representation | R Walsh ; A Dunseath |
| Location | Christchurch |
| Parties | Boyce v Kelly Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for respondent’s breach of good faith – Warehouse Worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Casual employment relationship. Mutual obligations existed between parties during assignments akin to a permanent relationship. Respondent terminated applicant's assignment during an assignment. Respondent made no attempt to explore avenues to allow applicant’s assignment to continue. Failure to explore options with applicant to continue assignment was not what a fair and reasonble employer could have done. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,023 reimbursement of lost wages. $3000 compensation appropriate. PENALTY: Respondent did not breach duty of good faith in a deliberate, serious or sustained way. No penalty. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($6,023.88) ; Arrears of holiday pay ($481.91) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1);ERA s4A;ERA s66;ERA s66(1);ERA s103A;ERA s124;ERA s128;ERA s128(2);ERA s238 |
| Cases Cited | Allied Investments Ltd v Guise [2015] NZEmpC 181;Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 255 (EmpC);Ngawharau v The Porirua Whanau Centre Trust [2015] NZEmpC 89;Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152;Workforce Developments Ltd v Hill [2014] NZEmpC 174 |
| Number of Pages | 17 |
| PDF File Link: | 2017_NZERA_Christchurch_163.pdf [pdf 224 KB] |