| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 108A/05 |
| Hearing date | 30 Aug 2005 - 31 Aug 2005 (2 days) |
| Determination date | 30 November 2005 |
| Member | J Crichton |
| Representation | P Macdonald ; D Organ |
| Location | Christchurch |
| Parties | Wells v Landco Farming Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Misconduct - Applicant's former employer sold property to respondent and respondent became applicant's employer - Prior to sale respondent told employees that staff would continue employment on terms and conditions similar to, if not better than, current employment - Employment agreement offered to applicant was for lesser salary than with former employer - Applicant raised concerns with respondent - Some months later respondent asked applicant for evidence of figure allegedly paid by former employer - Applicant provided bank statement, timesheets and description of income splitting arrangement between him and his wife (also an employee) but respondent wanted more information - Applicant surly and uncooperative - Dismissed for serious misconduct of failing to obey lawful and reasonable instruction and for attempting to extort money for pecuniary gain - Not applicant's responsibility to explain to new employer what they ought to have known - Respondent never formally requested old employer for that information - Applicant unjustifiably disadvantaged by respondent paying him less than he had previously been paid by former employer after making promise to contrary - Applicant provided respondent with everything he had to demonstrate nature of arrangement he had previously enjoyed with respondent - Not appropriate that employee should be employer's primary source of information about basis of employment with former employer - Dismissal unjustified - Contributory conduct - Applicant could have behaved in less surly and truculent fashion, and been more helpful by referring respondent to particular individuals who had information - Senior machinery operator |
| Result | Application granted ; Reimbursement of lost wages (unjustified disadvantage)(quantum to be determined) ; (unjustified dismissal)(quantum to be determined)(reduced by 50 percent) ; Compensation for humiliation etc ($12,000 reduced to 6,000) ; Costs reserved |
| Number of Pages | 9 |
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