| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 6/04 |
| Hearing date | 25 Nov 2003 |
| Determination date | 22 January 2004 |
| Member | H Doyle |
| Representation | P Butler, E Lee ; K Kotzikas |
| Location | Christchurch |
| Parties | Macfarlane v Lavros Lodge Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissed without notice or reason - Gave belated reason of health and safety risk based on applicant's physical health - Reason given at investigation meeting that staff happier when applicant not around - Should have put concerns to applicant and given opportunity to respond - No evidence of physical incapacity to perform job - Could not have reasonably concluded issues of disharmony justified dismissal - Dismissal unjustified - Remedies - Significant emotional distress due to love of horses - Impact on confidence when believed age or physical condition reason for dismissal - Higher than normal award for humiliation appropriate - COSTS - Applicant incurred legal costs of $7,379 - Not appropriate case for full advocate-client costs - Reasonable contribution of $3,700 appropriate - Stable hand |
| Result | Application granted ; Reimbursement for lost wages ($3,766.24)(25 weeks) ; Loss of benefit ($225.97)(holiday pay) ; Compensation for humiliation etc ($12,000) ; Costs in favour of applicant ($3,700) |
| Statutes | ERA s120 |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;Harwood v Next Homes Ltd [2003] 2 ERNZ 433 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |