| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 163/06 |
| Hearing date | 15 Nov 2006 |
| Determination date | 15 November 2006 |
| Member | G J Wood |
| Representation | R Parton ; no appearance |
| Location | Wellington |
| Parties | Ray v Okeby & Anor |
| Other Parties | Harbour City Tow & Salvage (2003) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Summary dismissal - No appearance for respondent – Applicant’s evidence accepted in full - Applicant employed by second respondent – No written employment agreement – Incident occurred where applicant and more senior employee were towing vehicle and vehicle was damaged – Respondent told applicant to leave and not come back – Applicant dismissed – Complete absence of proper procedure – Applicant had not been trained in proper procedures – More senior employee kept his job – Applicant had counselled against continuing to tow vehicle - Dismissal unjustified – ARREARS OF HOLIDAY PAY – Unpaid holiday pay due and owing – COSTS – Applicant incurred costs of $1,800 plus expenses of $150 – Appropriate to award full costs – PRACTICE AND PROCEDURE - At conclusion of investigation meeting respondent left phone message saying second respondent was attending hospital for MRI scan – In absence of more detail, likely that any MRI scan would have been appointment of long standing – Authority determined appropriate course was to issue determination – Length of service nearly two months – Tow truck driver |
| Result | Application granted ; Reimbursement of lost wages ($6,127.45)(6 weeks) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($628.71) ; Costs in favour of applicant ($1,800) ; Disbursements ($150) |
| Statutes | ERA s181;ERA s182;ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | wa 163_06.pdf [pdf 23 KB] |