| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 144/05 |
| Hearing date | 7 Oct 2005 |
| Determination date | 04 November 2005 |
| Member | P Cheyne |
| Representation | J Baird ; J Enright |
| Location | Christchurch |
| Parties | McIntosh v Southern Lakes Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant questioned respondent's director about dismissal of co-worker - Dispute over what director said to applicant - Applicant left and did not report for work next day - Subsequently visited director to clarify situation - Authority accepted applicant's version about date and timing of visit and what was said - Respondent's actions of refusing to discuss matter, confirming applicant was gone" and telling him position was to be advertised amounted to dismissal - No fair and reasonable employer would have summarily dismissed applicant in circumstances - Unjustified dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Arrears of wages due and owing - Respondent did not provide wages and time records - Applicant alleged he had not taken annual leave - In absence of proper records applicant's evidence accepted and holiday pay calculated accordingly - Farm worker" |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined by parties)(3 months) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($620.37) ; Arrears of holiday pay ($3,126.54) ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | ca 144_05.pdf [pdf 26 KB] |