| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 251/04 |
| Hearing date | 15 Jun 2004 |
| Determination date | 11 August 2004 |
| Member | Y S Oldfield |
| Representation | R Craven ; G Edwards |
| Location | Auckland |
| Parties | Spittlehouse v GED Contractors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant frustrated over disorganised working conditions - Dismissed following altercation with manager over late payment of wages - Alleged applicant spoke to supplier and company in charge of site about safety concerns - Applicant entitled to speak to company in charge of site - Evidence of contact with supplier hearsay - Aggressive behaviour towards manager inappropriate - Complete lack of procedural fairness - Dismissal unjustified - REMEDIES - Reimbursement of lost wages and compensation for humiliation awarded - Reduced by 30 percent for contributory conduct - ARREARS OF WAGES AND HOLIDAY PAY - Alleged non-payment of wages - Evidence favoured respondent's assertion that wages were paid - Arrears of holiday pay due and owing - Foreman |
| Result | Applications granted (Unjustified dismissal and arrears of holiday pay) ; Application dismissed (Arrears of wages) ; Reimbursement of lost wages ($6,669 reduced to $4,668.30)(13 weeks) ; Compensation for humiliation etc ($10,000 reduced to $7,000) ; Arrears of holiday pay ($210) ; Costs reserved |
| Statutes | ERA s123;ERA s124;ERA s128 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |