| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 154/06 |
| Hearing date | 7 Nov 2006 |
| Determination date | 10 November 2006 |
| Member | P Cheyne |
| Representation | J Beck ; no appearance |
| Location | Christchurch |
| Parties | Edmonds v Glenlg Rest Home Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant made arrangements for another employee to work night shift for her – Respondent alleged applicant was instructed not to do this – Authority found no such instruction – Applicant removed from roster, told to come to meeting and bring her uniform – Applicant told she was not welcome back on premises – Further meeting two days later where letter warning applicant about not getting other staff to work for her was produced – Accepted applicant saw letter for first time at that meeting – Applicant entitled to opportunity to explain – Fair and reasonable employer would not have removed applicant from roster in manner it did – Inference from respondent’s message to come to meeting and bring uniform was that applicant would be dismissed – Predetermination – Purported dismissal at second meeting was no more than a sham to try to rescue respondent from consequences of unjustifiably dismissing applicant two days earlier – In any case, second meeting conducted in manner that fell far below standard of fair and reasonable employer – Dismissal unjustified – COSTS – Investigation meeting little over ï¾½ hour – Respondent to pay applicant $500 - Length of Service approximately two months |
| Result | Application granted ; Reimbursement of lost wages ($300) ; Compensation for humiliation etc ($6,000) ; Costs in favour of applicant ($500) |
| Number of Pages | 4 |
| PDF File Link: | ca 154_06.pdf [pdf 25 KB] |