| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 142/04 |
| Hearing date | 30 Jun 2004 |
| Determination date | 26 November 2004 |
| Member | P Montgomery |
| Representation | B Climo ; PJ Bellamy |
| Location | Christchurch |
| Parties | Shaw v Wright t/a Tasman Digger Services |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Summary dismissal - Respondent alleged applicant dismissed when failed to operate skidder equipment in safe manner on three occasions in one day - Following morning group safety meeting denigrated into kangaroo court" - Applicant felt under siege and became verbally aggressive - Stood down and asked to leave site - Dismissed by telephone that evening - Respondent said if applicant more contrite would not have been dismissed - Unfair procedure denied applicant opportunity to explain - Also deprived respondent of putting in place appropriate retraining programme - Dismissal unjustified - Contributory conduct 40% - Counterclaim - Counterclaim for chainsaw allowance allegedly paid to applicant by mistake - In absence of written employment agreement Authority did not accept payment made in error - Counterclaim dismissed - Skidder operator in forestry gang" |
| Result | Application granted ; Reimbursement of lost wages ($6,960 reduced to $4,176)(13 weeks) ; Compensation for humiliation, etc ($4,000 reduced to $2,400) ; Costs reserved |
| Cases Cited | Auckland City Council v Hennessey [1982] ACJ 699 ; (1982) ERNZ Sel Cas 4;Ramankutty v Vice-Chancellor of the University of Auckland [2002] 1 ERNZ 586;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 6 |
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