| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 112/05 |
| Hearing date | 27 Jun 2005 |
| Determination date | 11 July 2005 |
| Member | D Asher |
| Representation | G Shand ; N Waldren |
| Location | New Plymouth |
| Parties | Sutherland v Petkovden Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Alleged director of respondent cut applicant twice with boning knife – On ACC because of injuries – Not seeking compensation for personal injury but compensation for alleged procedurally unjustified dismissal – Dispute over how employment ended – No dismissal or resignation – Effectively ended as result of applicant’s injuries – Penalty of $1,000 for failure to provide written employment agreement (to Crown) - Head chef |
| Result | Application dismissed (unjustified dismissal) ; Application granted (penalty)($1,000)(To Crown) ; Cost reserved |
| Statutes | ERA s64A(3);ERA s64;ERA s64(3);ERA s65;ERA s133;ERA s135(2)(a);Injury Prevention Rehabilitation and Compensation Act 2001 s317(1);Injury Prevention Rehabilitation and Compensation Act 2001 s317(2)(c);Injury Prevention Rehabilitation and Compensation Act 2001 s317(3) |
| Cases Cited | McGory v Ansett [1999] 2 NZLR 328;Varney v Tasman Regional Sports Trust unreported, Goddard CJ, 23 July 2004, CC 15/04;Xu and Anor v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 7 |
| PDF File Link: | wa 112_05.pdf [pdf 31 KB] |