| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 116/05 |
| Hearing date | 27 Jul 2005 |
| Determination date | 29 August 2005 |
| Member | P Montgomery |
| Representation | J Bahlman ; no appearance |
| Location | Christchurch |
| Parties | Riwhi v Lewis t/a Lewis Construction |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Respondent told applicant he had to let him go" after applicant made error at work - Referred to series of mistakes - Only previous complaints concerned applicant's work rate - Applicant left work immediately - Final wages not paid and told any payment would be adjusted to reflect cost of errors - Reasons for dismissal not provided when requested by applicant - "Had to let you go" was a sending away amounting to dismissal - Reason for dismissal was error made by applicant - Error was performance matter and did not entitle respondent to summarily dismiss - Unjustified dismissal - In absence of agreement respondent not entitled to withhold or adjust wages owing to applicant at time of dismissal - Remedies - Account taken of relatively short five month period of employment - COSTS - Length of investigation meeting not specified - Applicant legally aided - Sought full solicitor-client costs of $2342 - Applicant put to unusual trouble by respondent's elusive and uncooperative behaviour - Contribution ordered - Engineering labourer" |
| Result | Applicant granted ; Arrears of wages ($1,190 gross)(2 weeks) ; Arrears of holiday pay ($524.88 gross) ; Reimbursement of lost wages ($5,688 gross)(3 months) ; Compensation for humiliation etc ($4,000) ; Costs in favour of applicant ($1,600) |
| Statutes | ERA s123(1)(c)(i);ERA s123(1)(b) |
| Number of Pages | 4 |
| PDF File Link: | ca 116_05.pdf [pdf 21 KB] |