| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 82/03 |
| Hearing date | 9 Jul 2003 |
| Determination date | 25 July 2003 |
| Member | P Cheyne |
| Representation | I Thompson ; S Mora (In person) |
| Location | Christchurch |
| Parties | Moa v Mora t/a Mora Earthmoving |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Restructuring - Alleged became abusive after informed of likelihood of redundancy - Alleged admission by respondent to mediation support staff - Admission to remain confidential and inadmissible - Given final pay following day and asked to leave - No evidence of resignation - Dismissal established - Dismissal unjustified - Remedies - No reimbursement of lost wages sought - Contributory conduct - Abusive response contributed to dismissal - PENALTY - Failure to provide wage and time records - Failure to provide written employment agreement - Penalties of $500 for each breach appropriate - Truck driver |
| Result | Application granted ; Compensation for humiliation etc ($8,000 reduced to $5,000) ; Penalty ($1,000)(Payable to Crown) ; Costs reserved |
| Statutes | ERA s64;ERA s130;ERA s131;ERA s143(3)(a)(v);ERA s143(3)(c);ERA s146;ERA s148(1);ERA s148(3) |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |