| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 75/05 |
| Hearing date | 12 Apr 2005 |
| Determination date | 23 May 2005 |
| Member | P Montgomery |
| Representation | R Thompson ; W Morgan |
| Location | Christchurch |
| Parties | Miller v Peter Thompson Tyre & Auto Service Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant convicted of offence resulting in suspension from driving for six months - Applicant's position required licence - No alternative position available - After discussion parties agreed applicant would be suspended without pay for 10 days while limited licence investigated - Respondent did not attempt to coerce applicant but Authority considered inevitable experience difference between manager and young employee - Unjustified disadvantage - UNJUSTIFIED DISMISSAL - Respondent became aware time frame for securing limited licence was longer than expected - Disengaged from dialogue with applicant's solicitor - Wrote letter dismissing applicant - No opportunity for applicant to persuade respondent to retain him - Dismissal unjustified - Remedies - Factors considered when awarding compensation for humiliation etc - Employed for little over five months - Delay of six days in informing respondent of licence loss - Respondent in difficult situation as small business - COSTS - Three hour investigation meeting - Respondent to pay applicant $650 costs - Wheel alignment technician |
| Result | Application granted ; Reimbursement of lost wages ($1,012)(suspension) ; ($4,048)(dismissal) ; Compensation for humiliation etc ($1,000) ; Costs in favour of applicant ($650) |
| Cases Cited | Ark Aviation Ltd v Newton [2001] ERNZ 133;Eniata v AMCOR Packaging (New Zealand) Ltd t/a AMCOR Kiwi Packaging [2002] 2 ERNZ 154 |
| Number of Pages | 3 |
| PDF File Link: | ca 75_05.pdf [pdf 18 KB] |