| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 57/06 |
| Hearing date | 22 Nov 2005 |
| Determination date | 28 April 2006 |
| Member | P Montgomery |
| Representation | H Russ ; K Kereru |
| Location | Christchurch |
| Parties | Mulligan v Kelly |
| Summary | UNJUSTIFIED DISMISSAL - Incapacity - Applicant kicked in elbow by cow in milking shed - On ACC for three weeks before being permitted to return to work on light duties - On third day back respondent told him he was suspended without pay until doctor signed off full medical clearance to be able to perform all tasks - Told applicant he was to go on ACC and that applicant would have to pay $100 rent for farm house while unable to work - In letter that same day respondent stated that applicant's job remained available until end of season - Four weeks later respondent terminated applicant's employment - Respondent alleged reason for dismissal was lack of trust and confidence due to a combination of illness, injury and lack of communication by applicant - Respondent's previous statement that applicant's job available till end of season inconsistent with dismissal based on lack of trust and confidence - Stringent procedural requirements when employer considered dismissal on basis of injury sustained during employment - Apart from three weeks on ACC length of applicant's absence was not determined and respondent made no inquiries of applicant's doctor before dismissal - Applicant needed to be fairly warned his position was at risk - Unjustified dismissal - Remedies - Respondent entitled to charge applicant rent on house only during three week period that applicant received accident compensation - Respondent to reimburse applicant for rent incurred after eviction from house and pay applicant back rent for period not on ACC - BREACH OF CONTRACT - Applicant alleged respondent failed to provide cattle beast as agreed - Respondent to pay applicant sum in lieu of cattle beast - Applicant alleged respondent withdrew grazing for applicant's heifers - Clear from individual employment agreement that applicant was to receive grazing for heifers at no cost to applicant - Withdrawal of grazing was breach of agreement but failure by applicant to make sure stock were restrained as required needed to be taken into account - Applicant alleged respondent failed to pay bonus - Employment agreement provided for $5,000 bonus for production achieved above 110,000 milk solids - Target reached prior to end of season but after applicant left - Failure to pay bonus breached employment agreement - Bonus to be paid on pro rata basis - ARREARS OF WAGES - Respondent did not pay three days wages - Deduction in breach of Wages Protection Act 1983 - OTHER MONIES - Respondent to reimburse applicant for power used by farm but metered through house - Length of service 11 months - Farm manager |
| Result | Application granted ; Compensation for humiliation etc ($7,000) ; Compensation for loss of benefit (reimbursement of rent)($1,600) ; Damages (cattle beast)($450) ; (grazing)($4,122) ; (bonus)($4,038.30) ; Arrears of wages ($387.97) ; Other monies (power)($600) ; Interest (cattle beast, grazing, arrears of wages)(9%) ; Costs reserved |
| Statutes | Wages Protection Act 1983 |
| Number of Pages | 8 |
| PDF File Link: | ca 57_06.pdf [pdf 44 KB] |