| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 205 |
| Hearing date | 28-Sep-17 |
| Determination date | 28 November 2017 |
| Member | H Doyle |
| Representation | D Beck ; B Scotland |
| Location | Christchurch |
| Parties | Thom v Fletcher Building Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent withdrawing extension to fixed term agreement (“The Agreement”) – PENALTY – Applicant sought penalty for respondent’s breach of good faith duty – Commercial Business Analyst |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Employment relationship ended in accordance with The Agreement. Applicant’s conditions of employment were affected to his disadvantage. Applicant did not have opportunity to sign a variation to extend The Agreement. Respondent did not act as a fair and reasonable employer could have done in all the circumstances. Dismissal unjustified. REMEDIES: 20 per cent contributory conduct. Respondent to pay $12,923 reimbursement of lost wages. $3,200 compensation appropriate. PENALTY: Variation to extend Agreement of limited nature. Not satisfied there was a breach of good faith to warrant imposition of penalty. No penalty. |
| Result | Application granted (unjustified disadvantage) ; Reimbursement of lost wages ($12,923.10) ; Compensation for humiliation etc ($3,200) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s3;ERA s4;ERA s4(1);ERA s4(1A);ERA s4A(b)(iii);ERA s63A;ERA s63A(2)(d);ERA s63A(3);ERA s66;ERA s103A;ERA s103(1)(b);ERA s128 |
| Cases Cited | ANZ National Bank v Doidge [2005] ERNZ 518 (EmpC);Jinkinson v Oceana Gold (NZ) Ltd (No 2)[2010] NZEmpC 102;Spotless Facility Services NZ Ltd v Mackay (No 2) [2017] NZEmpC 15;Tranz Rail Ltd v Rail and Maritime Transport Union (Inc) [1999] 1 ERNZ 460 (CA);Wellington Clerical Union v Greenwich [1983] ACJ 965 (AC) |
| Number of Pages | 21 |
| PDF File Link: | 2017_NZERA_Christchurch_205.pdf [pdf 163 KB] |