| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 112/06 |
| Hearing date | 18 Jul 2006 |
| Determination date | 07 August 2006 |
| Member | G J Wood |
| Representation | Gordana Vukomanovic ; Mike Gould |
| Location | Wellington |
| Parties | Vukomanovic v Sportzone Sports Ltd |
| Other Parties | A Morrison |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant employed to fundraise for community soccer projects - Second respondent (M") director of first respondent ("S") - M concerned following comments from soccer community about applicant's behaviour - M alleged applicant took business cards believing were season tickets and intended to sell them - Dismissed applicant without raising concerns - Insufficient evidence supporting serious allegation applicant sought to profit from cards - S accepted procedures in dismissing not those of fair and reasonable employer - However, claimed had good cause to dismiss - No procedural steps taken - No substantive ground existed that would have led fair and reasonable employer to dismiss - Applicant had difficulties with English - Issues of communication should have been worked through - Remedies - S in bad financial position - Could not afford to employ applicant - In all circumstances reinstatement impracticable - ARREARS OF WAGES - Failed to pay final pay - Parties agreed to pay rise but no increase ever paid - Agreement subject to implied condition fundraising successful - Fundraising unsuccessful, therefore entitled to wages at original rate - PENALTY - S breached duty by withholding final pay - M not personally liable as acted at all times as director - No good purpose served in paying penalty to Crown - Length of service 11 months - Project Leader" |
| Result | Application granted (Unjustified dismissal) ; Reimbursement of lost wages (three months) ; Compensation for humiliation etc ($2,500) ; Arrears of wages (Quantum to be determined) ; Application dismissed (Penalty) ; Disbursements ($70)(Filing fee) |
| Statutes | ERA s128(2) |
| Cases Cited | Honda NZ Ltd v NZ (with exception) Shipwrights etc Union [1990] NZILR 23;NZEI v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243;Northern Clerical etc Union v Beachlands Engineering Ltd [1991] 3 ERNZ 1023 |
| Number of Pages | 10 |
| PDF File Link: | wa 112_06.pdf [pdf 37 KB] |