| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 147/04 |
| Hearing date | 27 Jul 2004 |
| Determination date | 01 December 2004 |
| Member | P Montgomery |
| Representation | J Marquet ; D O'Donnell |
| Location | Christchurch |
| Parties | Henderson v The Pulpit Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No written employment agreement - Applicant had recorded long hours on timesheet - Respondent rang applicant to question timesheet - Both parties were angry - Suspended via text message on cell phone - When applicant went to return keys and pick up knives pushing and shouting match ensued - Applicant told respondent to get out of his way or he would run him through with a knife - Respondent took out trespass order - Trespass order effectively dismissed applicant - Suspension unlawful - No attempt to address applicant's concerns in rational manner - No opportunity for applicant to respond - Dismissal unjustified - Remedies - Cafe ceased trading - Just to restrict reimbursement of lost wages to 13 weeks - Unable to order public apology - Contributory conduct - Applicant should have sought consent to work long hours - Both parties engaged in verbally aggressive behaviour - 30 percent contribution - ARREARS OF WAGES - Not paid for final week - Not paid agreed pay rise for 4 weeks - COSTS - Applicant sought contribution of $1,500 to costs - Investigation completed in relatively short time - $800 costs awarded - Head chef |
| Result | Application granted ; Reimbursement of lost wages ($4,743 reduced to $3,320) ; Compensation for humiliation etc ($2,750 reduced to 1,925) ; Contributory conduct (30 percent) ; Arrears of wages ($1,280) ; Costs in favour of applicant ($800) |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |