| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 24/04 |
| Hearing date | 24 Feb 2004 |
| Determination date | 09 March 2004 |
| Member | P Cheyne |
| Representation | M Hanifin ; No appearance |
| Location | Christchurch |
| Parties | Verdon v Hall and Anor t/a Arrowtown Burger Bar |
| Other Parties | Hall |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Identity of employer - No written employment agreement - Applicant alleged unaware business apparently owned by company - Entitled to sue respondent personally as failed to disclose acting on behalf of company - Alleged summarily dismissed after applicant's reaction to receiving written warning - Alleged respondent swore at and grabbed him - Respondent previously alleged applicant resigned - Was probable that applicant threw screwed up letter at respondent - Initiative for termination came from respondent - Summary dismissal not justified - Remedies - Small reduction in remedies for contributory conduct - PENALTY - Explanation that recently bought business did not excuse failure to provide written agreement - Level of penalty should reflect that small business unlikely to have large resources - Penalty appropriate |
| Result | Application granted ; Reimbursement of lost wages ($3,969.04 reduced to 3,500)(2 months) ; Compensation for humiliation etc ($6,000 reduced to $5,500) ; Penalty ($750)(Payable to applicant) ; Costs in favour of applicant ($600) |
| Statutes | ERA s64(2) |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |