Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 151/04
Hearing date 28 Jul 2004
Determination date 03 December 2004
Member P Montgomery
Representation J Marquet, D O'Donnell
Location Christchurch
Parties Owen v The Pulpit Ltd
Summary UNJUSTIFIED DISMISSAL - Respondent's director rang applicant after director had disagreement with chef and asked applicant to come in and take over chef duties - Applicant replied was insufficiently trained for that position - Accused of taking chef's side - Further phone call asked applicant to make decision to come into work or no longer have a job - Applicant again stressed inability to do job - Director's further phone call stated applicant's job now advertised at Student Job Search - After dismissal director failed to supply WINZ with documents required to approve applicant's benefit - Actions further heightened applicant's hurt and humiliation - ARREARS OF WAGES - Applicant accepted position at hourly rate of $11.50 though paid only $9.00 per hour - Respondent alleged fault lay with accountant - Monies due and owing - COSTS - Investigation meeting less than three hours - Costs in favour of applicant of $800 appropriate - Kitchen hand
Result Application granted ; Reimbursement of lost wages ($6,279)(78 days) ; Compensation for humiliation etc ($2,500) ; Arrears of wages ($322.50)(Underpayment of wages) ; Costs in favour of applicant ($800)
Number of Pages 3
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