| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2018] NZERA Christchurch 18 |
| Hearing date | 23-Jan-18 |
| Determination date | 19 February 2018 |
| Member | D Appleton |
| Representation | E Yu, L Taylor ; V Bainbridge |
| Location | Christchurch |
| Parties | Atkinson v Trinity's Cleaning Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Cleaner |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL: Employment ended at initiative of respondent. Respondent sent employee away on the side of a rural road knowing she was prone to epilepsy. Employer should have allowed applicant a cooling off period and then made inquiries as to whether the outburst constituted a resignation. Respondent did not make contact with applicant until two days after the incident to request gym property to be returned. Actions of respondent were not what a fair and reasonable employer could have done in the circumstances. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,441 reimbursement of lost wages. $15,000 compensation appropriate. ARREARS OF HOLIDAY PAY: Applicant entitled to 8% of lost wages. Respondent to pay applicant $195 arrears of holiday pay. COSTS: Respondent to pay applicant $1,031 contribution towards costs. |
| Result | Application granted ; Reimbursement of lost wages ($2,441.36) ; Compensation for humiliation etc ($15,000) ; Arrears of holiday pay ($195.31) ; Costs in favour of respondent ($1,031.56) |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s103A ; ERA s128 |
| Cases Cited | Boobyer v Good Health Wanganui Ltd EmpC Wellington W17/94, 24th February 1994 ; Chicken & Food Distributors (1990) Ltd v Central Clerical Workers Union [1991] 1 ERNZ 502 (LC) ; Kostic v Dodd t/a Allan Milligan Cars EmpC Christchurch CC14A/07, 11 July 2007 ; Ngawharau v Porirua Whanau Centre Trust [2015] NZEmpC 89 ; Waikato District Health Board v Archibald [2017] NZEmpC 132 |
| Number of Pages | 21 |
| PDF File Link: | 2018_NZERA_Christchurch_18.pdf [pdf 171 KB] |