| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 15/07 |
| Hearing date | 30 Jan 2007 |
| Determination date | 31 January 2007 |
| Member | D Asher |
| Representation | H Mallalieu; no appearance |
| Location | Wanganui |
| Parties | Sperry v River City Export Beef Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - No appearance for respondent - Applicant's evidence accepted - Claimed he and other employees told at meeting respondent restructuring, to go home, and no longer had positions - Respondent claimed applicant part of seasonal shift layoff, no longer trading, and not in position to pay creditors - Claimed respondent continued to operate with another employee carrying out his work - Before accepting position, applicant received verbal confirmation position permanent - Offer of appointment and employment agreement did not define employment as seasonal - Uncontested evidence supported applicant permanent employee - Applicant not given access to information about continuation of employment or opportunity to comment - Constituted serious breach of statutory good faith obligations and case law requirements - Not advised of purpose of meeting or given opportunity to be represented - Presented with predetermined dismissal decision - Even if applicant seasonal employee, procedural shortcomings and breach of good faith obligations meant dismissal grievously unjustifiable - Dismissal unjustified - COSTS - Applicant sought relocation costs arising from new employment - Costs reasonably incurred and claim made out - Also sought compensation for lost earnings and travel expenses resulting from respondent's failure to attend mediations - Respondent's egregious conduct, including its subsequent conduct, warranted award - Respondent anticipated liquidation - No explanation for failing to attend investigation, except that had no funds and no point in applicant pursuing claim - Applicant sought costs of $1,300 - Claim modest and fell within typical awards - Applicant entitled to contribution to costs |
| Result | Application granted ; Reimbursement of lost wages ($1,300) ; Compensation for humiliation etc ($10,000) ; Reimbursement of other money lost ($600)(Relocation expenses) ; ($150)(Mediation costs) ; Costs in favour of applicant ($1,300) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s123(1)(b);ERA s173;ERA Second Schedule cl12 |
| Number of Pages | 6 |
| PDF File Link: | wa 15_07.pdf [pdf 23 KB] |