Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 157/06
Hearing date 1 Nov 2006
Determination date 06 November 2006
Member P R Stapp
Representation G Ogilvie ; S Kirby
Location Wellington
Parties Hilder v Dixon and Dunlop Ltd
Summary UNJUSTIFIED DISMISSAL – Alleged constructive or actual dismissal - Applicant worked on site job with another employee – Respondent offered applicant and co-worker bonus if job finished by certain date – Not paid bonus – Applicant left job – Applicant alleged respondent told him “if you don’t like it f*^% off” - Authority not satisfied that was said – No constructive or actual dismissal – Applicant alleged breach of duty by failing to provide safe place of work – No breach of duty – Probable that applicant only upset about not being paid bonus – Not entitled to bonus since work not completed - COSTS – Applicant legally aided so ordered to pay $50 – In absence of legal aid, Authority would have ordered applicant to pay $2,000 because this case probably should not have been brought beyond mediation services - Length of service: 1ï¾½ months - Labourer trainee operator
Result Application dismissed ; Costs in favour of respondent ($50)
Number of Pages 6
PDF File Link: wa 157_06.pdf [pdf 24 KB]