| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 1/06 |
| Hearing date | 29 Nov 2005 |
| Determination date | 18 January 2006 |
| Member | P Cheyne |
| Representation | R Reij (Applicant in person) ; M Flannery |
| Location | Christchurch |
| Parties | Reij and Anor v Cammand Holdings Ltd |
| Other Parties | Clements |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - First applicant (R") involved in relationship with respondent's sole director ("M") - R lived on respondent's premises and helped with its operation - Relationship ended and R moved out - Authority accepted R's evidence that M asked her to continue her duties with respondent as an employee on salary - Second applicant ("C") worked for respondent as head chef - C and R commenced relationship - Fight occurred between M and C - Authority found that M abused C, C hit M and then M hit C back - M told C he was sacked and told R she was banned from premises - Respondent sent letter to C accusing him of serious misconduct - Whether C's dismissal justified - Inevitable that punching employer would compromise serious misconduct justifying summary dismissal by fair and reasonable employer despite provocation - C's dismissal justified - Whether R's dismissal justified - No attempt by respondent to justify R's dismissal - Unjustified dismissal - Remedies - No power to compensate R for M's abuse, assault and dismissal of C - Untrue comments M made about R's drug use and mental health sufficiently connected with dismissal to be compensatable - Repayment of R's loan not part of oral employment agreement - Various personal items R left at premises were because of personal relationship not employment so no orders in respect of those - ARREARS OF WAGES - C alleged he was owed bonus and salary - Parties did not agree on targets for bonus so bonus claim not made out - Authority accepted C's evidence about salary owing - R entitled to week's salary but necessary to deduct items purchased by R on respondent's account" |
| Result | Application dismissed (C's unjustified dismissal claim) ; Application granted (R's unjustified dismissal and C and R's arrears claims) ; Reimbursement of lost wages ($11,750)(3 months) ; Compensation for humiliation etc ($6,000) ; Arrears of wages (C)(to be calculated by parties) ; (R)($1,084.65) ; Other monies (R to pay respondent)($512.24) ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | ca 1_06.pdf [pdf 46 KB] |