| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 355 |
| Hearing date | 1-Aug-17 |
| Determination date | 13 November 2017 |
| Member | N Craig |
| Representation | M Roberts ; D Ure |
| Location | Gisborne |
| Parties | Boone v Thornton Green Holdings Ltd and Anor |
| Other Parties | Car Finance 2U Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Finance and Insurance Broker |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: A reference letter from applicant’s lawyer to respondent detailed applicant's employer as first respondent trading as the second respondent. Applicant’s payslips refer to second respondent as employer. Evidence supports applicant employed by second respondent. Applicant employed by second respondent. UNJUSTIFIED DISMISSAL: Text message sent to applicant dismissing him without explanation. Respondent did not act as a fair and reasonable employer could have in all the circumstnaces. Applicant given no opportunity to respond to companies concerns. Respondent did not provide applicant with payment in lieu of notice for dismissal under employment agreement. Dismissal unjustified. REMEDIES: 30 per cent contributory conduct. Second respondent to pay applicant three months’ reimbursement of lost wages and $1,983 reimbursement of immigration expenses. $7,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($7,000) ; Reimbursement of immigration expenses ($1,983.10) ; Reimbursement of expenses incurred prior to dismissal ($881.56) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(3);ERA s103A(5);ERA s124;ERA s128(2);ERA s174E |
| Cases Cited | Hall v Smith Crane & Construction Ltd [2014] NZERA Christchurch 146;Harris v The Warehouse Ltd [2014] NZEmpC 188;Salt v Fell [2008] NZCA 128 |
| Number of Pages | 18 |
| PDF File Link: | 2017_NZERA_Auckland_355.pdf [pdf 223 KB] |