| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 135/04 |
| Hearing date | 10 Sep 2004 |
| Determination date | 16 November 2004 |
| Member | A Dumbleton |
| Representation | D Beck ; K Thurston |
| Location | Christchurch |
| Parties | Farrell v Aotearoa Resorts Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Suspension - Unilateral four month suspension during off season - Redundancy situation would have arisen but consultation and notice required - Suspension unlawful - Arguably dismissed but applicant chose to regard herself as suspended - Remedies - Awarded one month's wages - UNJUSTIFIED DISMISSAL - Whether dismissed - Tape-recorded telephone conversation showed respondent clearly sought to terminate employment but stopped short of dismissal - Totality of conversation and failure to respond to applicant's letters added up to dismissal - Dismissal unjustified - Remedies - Awarded lost remuneration from date of dismissal until end date of fixed term agreement - COSTS - Applicant sought total costs of $6,992 - One day investigation meeting - Higher than usual award warranted because of respondent's failure to help in having matter dealt with in Authority as efficiently as possible - Comment that respondent did not participate in Authority's investigation in a manner designed to resolve issues involved - Live-in manager |
| Result | Application granted ; Reimbursement of lost wages (Unjustified disadvantage)($2,667) ; (Unjustified dismissal) ($11,769.30) ; Other monies (Holiday pay on lost wages) (Unjustified disadvantage)($160) ; (Unjustified dismissal) ($1,020) ; Compensation for humiliation, etc ($6,000) ; Costs in favour of applicant ($2,650) |
| Statutes | Companies Act 1993 s381;Employment Relations Authority Regulations 2000 r8;ERA s113(1);ERA s114;ERA s181;ERA Second Schedule cl15 |
| Number of Pages | 6 |
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