| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 137/05 |
| Hearing date | 18 Oct 2005 |
| Determination date | 21 October 2005 |
| Member | P Cheyne |
| Representation | B Climo ; R Smith |
| Location | Christchurch |
| Parties | Wilson v Smith's Painting Contractors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged verbal abuse towards site foreman - Employed on three month probationary period - Procedurally unfair - A full and fair investigation would have complied with process set out in employment agreement - Respondent did not comply with those terms of agreement - Applicant not told might be dismissed depending on his response - Significant element of predetermination - Unjustified dismissal - Remedies - Contributory conduct 50 percent |
| Result | Application granted ; Reimbursement of lost wages ($8,580 reduced to $4,290)(13 weeks) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved |
| Cases Cited | W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 5 |
| PDF File Link: | ca 137_05.pdf [pdf 29 KB] |