| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 79/03 |
| Hearing date | 23 May 2003 |
| Determination date | 17 July 2003 |
| Member | P R Stapp |
| Representation | S Zindel ; K Fourie (In person) |
| Location | Nelson |
| Parties | Horder v Fourie t/a SSS Security Services & Anor |
| Other Parties | WORMS Ltd |
| Summary | PRACTICE AND PROCEDURE - Compliance order - Compliance with settlement sought - Whether settlement agreement reached - Alleged verbal agreement reached - Insufficient evidence of settlement agreement - Compliance declined - UNJUSTIFIED DISMISSAL - Oral employment agreement - Identity of employer - Whether respondent or company employer - Applicant perceived respondent as employer - Respondent was employer - Verbal altercation - Applicant went home without permission - Went home to cool down - Dismissed for absence - Dismissal unjustified - No evidence applicant had abandoned employed - Contributory conduct - Failure to obtain permission to leave workplace insignificant - No contributory conduct - COSTS - One day investigation meeting - 70 percent contribution to total costs appropriate - Customer services person |
| Result | Application granted ; Reimbursement of lost wages ($700) ; Compensation for humiliation etc ($6,000) ; Costs in favour of applicant ($2,520) ; Disbursements ($70) |
| Statutes | ERA s64;ERA s65;ERA s148;ERA s148(3);ERA s149 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |