| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 79/04 |
| Hearing date | 4 May 2004 |
| Determination date | 26 July 2004 |
| Member | P Cheyne |
| Representation | PC Butler ; D Burton |
| Location | Christchurch |
| Parties | Zervos v Lahmajou Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Alleged failure to follow lawful and reasonable instructions - Respondent alleged applicant dismissed for using offensive language, threats of assault and abusive behaviour - Managing director shouted and swore at applicant - Applicant responded swearing at managing director - Applicant dismissed - Further offensive language, abuse and threats of assault after dismissal - Applicant given no chance to explain behaviour - Applicant's response was provoked by abrupt and angry approach of managing director - Dismissal unjustified - Remedies - Contributory conduct 50 percent - Behaviour after dismissal did not cause or contribute to grievance - ARREARS OF HOLIDAY PAY - Holiday pay due and owing - Interest 7.5 percent - Bakery labourer |
| Result | Application granted ; Reimbursement of lost wages ($8,423.62 reduced to $4,211.81)(7 months) ; Compensation for humiliation etc ($12,000 reduced to $6,000) ; Arrears of holiday pay ($2,011.09) ; Interest (7.5 percent)(Holiday pay) ; Costs reserved |
| Cases Cited | Basil Properties Ltd v Canterbury Hotel etc IUOW [1991] 1 ERNZ 844;NZ Engineering, Coachbuilding, Aircraft, Motor etc IUOW v NZ Cement Holdings Ltd [1985] ACJ 832;Dodd v D E & L M Spence Ltd t/a PAK 'N' SAVE [2002] 2 ERNZ 572;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |