| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 157/05 |
| Hearing date | 27 Oct 2005 |
| Determination date | 02 December 2005 |
| Member | H Doyle |
| Representation | GJ Lond (in person) G Riach |
| Location | Christchurch |
| Parties | Lond v Gibraltar Shelf No 56 Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Respondent thought applicant was experienced tradesman - Applicant said had never held himself out as such - Alleged probationary period - Ineffective since not in writing - Performance issues since applicant did not meet respondent's desired standards - Dismissed when applicant asked respondent about renting house on building site - Applicant off work initially for migraine - Alleged had hurt back at work - Applicant not clearly told of performance concerns - No fair process adopted - Unjustified dismissal - No order made for compensation as no evidence of distress or humiliation when personal grievance occurred - ARREARS OF WAGES AND HOLIDAY PAY - Not entitled to payment of two weeks wages in lieu of notice - Underpayment of hours worked by two hours - Entitled to alternative day payment for working on Waitangi Day because it was otherwise a working day - Adjusted holiday pay since calculation based on wages which did not take into account one week's pay - Applicant's tools and equipment available for applicant to pick up from respondent |
| Result | Application granted ; Arrears of wages ($44)(Underpayment of wages) ; ($176)(Alternative day payment) ; Arrears of holiday pay ($73.92)(Adjusted holiday pay) ; Orders accordingly ; Disbursements in favour of applicant ($70) |
| Statutes | ERA s67;ERA s67(1)(a);ERA s67(2);ERA s67(3);ERA s103A;Employment Relations Amendment Act 2004 s28;Employment Relations Amendment Act 2004 s38;Holidays Act 2003 s12;Holidays Act 2003 s60(2)(b) |
| Number of Pages | 7 |
| PDF File Link: | ca 157_05.pdf [pdf 37 KB] |