| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 112/04 |
| Hearing date | 8 Jun 2004 |
| Determination date | 09 September 2004 |
| Member | P Montgomery |
| Representation | M-J Thomas ; C Smith |
| Location | Christchurch |
| Parties | Conroy v Hillis Shearing Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Oral employment agreement – Respondent not informed by co-worker that applicant sick – Respondent docked $50 from applicant’s wages according to rural custom to buy beer for workers who covered his tasks – Applicant spoke angrily on telephone to respondent about missing $50 and lack of work offered – Respondent’s van broken into with shearing gear stolen – Gave applicant’s name to police as disgruntled employee – Search warrant executed at applicant’s home led to another angry telephone conversation – Respondent followed police advice to take out trespass order against applicant – Trespass order prevented applicant from working – Dismissal unjustified – Remedies – Respondent’s revelation that applicant had been served with trespass order spread around small community – Rejection of offer of reinstatement taken into account – Contributory conduct on telephone which gave rise to respondent’s safety concerns – Presser/learner shearer |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties)(13 weeks less 15%) ; Compensation for humiliation, etc ($4,500) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |