| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 74/05 |
| Hearing date | 20 Apr 2005 |
| Determination date | 23 May 2005 |
| Member | P Cheyne |
| Representation | J Warner (in person), V Warner (in person) ; K Templer |
| Location | Christchurch |
| Parties | Warner and Anor v Clark and Anor |
| Other Parties | Warner, Clark |
| Summary | UNJUSTIFIED DISMISSAL - Second applicant resigned following time off work due to illness - Stated resigned to look after children - Relied on incidents between first applicant and respondent as part of his grievance - No personal grievance - Re-employed on casual basis - No breach of employment arrangements during re-employment period - DISCRIMINATION - Alleged discrimination against second applicant by not rehiring him when he alleged he was best candidate - For employer to make such assessment not illegal discrimination - Payment of holiday pay by cheque took awhile to clear - If was problem, should have spoken to respondents - Did not have to accept payment by cheque - UNJUSTIFIED DISADVANTAGE - First applicant suspended following allegations by co-worker - No opportunity to comment - Suspension unlawful - Small award of compensation appropriate - No grievance relating to documenting loan agreement - Claims that respondents verbally or physically aggressive rejected - No findings made about alleged unauthorized slaughtering of freezer beast - Farm assistant & Shed Manager |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Cases Cited | Ruffell v Women's Refuge Sexual Assault Resource Centre Marlborough [2002] 1 ERNZ 409;Wellington Area Health Board v Wellington Hotel etc IUOW [1992] 2 ERNZ 466 |
| Number of Pages | 5 |
| PDF File Link: | ca 74_05.pdf [pdf 35 KB] |