| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 63/06 |
| Hearing date | 29 Nov 2005 |
| Determination date | 09 May 2006 |
| Member | P Montgomery |
| Representation | D Polson ; J Kilkelly |
| Location | Christchurch |
| Parties | Duncan v North Otago Ag-Centre Ltd |
| Summary | PENALTY - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Whether dismissed – During initial days of employment applicant required to build own office space – Applicant absent from work on number of occasions to attend to personal matters – Three and a half days wages deducted from applicant’s pay to account for absences and two verbal warnings given – Second verbal warning not retracted after provision of medical certificate – Applicant demanded repayment of money deducted – Director refused - Heated disagreement during which director told applicant to “take a hike” – Applicant left premises and never returned to work – Applicant’s evidence unreliable and self-serving – Exhibited bad faith in investigation meeting – Proposed written employment agreement provided but applicant refused to discuss or sign - No complaints from applicant at time concerning building own office - No breach of duty due to lack of appropriate space to work – Unauthorised deductions breach of Wages Protection Act 1983 – No penalty appropriate - Verbal warnings handled poorly but applicant not unduly disadvantaged –– Words “take a hike” to be taken in context of discussion concerning wage deductions – Director clearly expected applicant to continue work – No dismissal – No unjustified disadvantage – Length of service one and a half months - Salesman |
| Result | Application granted (Unauthorised deductions) ; Reimbursement of unauthorised deductions (To be calculated)(26 hours) ; Interest (9%) ; Application dismissed (Penalty, unjustified disadvantage, unjustified dismissal) ; Costs reserved |
| Statutes | Wages Protection Act 1983 |
| Number of Pages | 7 |
| PDF File Link: | ca 63_06.pdf [pdf 40 KB] |