| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 20/07 |
| Hearing date | 24 Jan 2007 |
| Determination date | 28 February 2007 |
| Member | J Crichton |
| Representation | A Shakespeare ; D Evans |
| Location | Christchurch |
| Parties | Gilbert v EDI Electrical Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant received sports injury - Return to work delayed as injury took longer to heal than anticipated - Applicant attempted to contact respondent on cell phone about progress and left medical certificates in mail box - Parties had no other contact - Respondent claimed applicant told not to call cell phone and regularly did not listen to messages - On recovery applicant returned to work with father and claimed told no job for him - Respondent claimed said was no work at that time - Whether dismissed - Respondent had responsibility to ensure applicant clear no work available at present" - Took no steps to disabuse applicant of view had lost job - Authority not satisfied parties did all could have done to communicate - Applicant and father interpreted meeting as dismissal - On balance of probabilities not persuaded dismissal did not occur - Unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Respondent failed to deal prudently and sensibly with absence of information - Respondent in stronger position - Had duty to take all reasonable steps to ensure information required from applicant provided - Unjustified action - Also disadvantaged by respondent's delay in complying with request by ACC for information - Due to unreasonable delay earnings related compensation payment delayed - Unjustified disadvantage - Remedies - Applicant failed to pursue other means of contacting respondent - Obliged to alert prolonged absence and explain basis for it - Contributory conduct 10 per cent - ARREARS OF HOLIDAY PAY - Respondent claimed agreement applicant would receive sick pay prior to entitlement but if left job within six months would forfeit right to holiday pay - No evidence agreement existed - However, such agreement without force as avoided effect of minimum rights in Holidays Act 2003 - Arrears due and owing - Length of service three months one week - Electrical technician" |
| Result | Application granted ; Reimbursement of lost wages ($7,411.69) ; Compensation for humiliation etc (Unjustified dismissal)($5,000 reduced to $4,500) ; (Unjustified disadvantage - communication)($4,000 reduced to $3,600) ; (Unjustified disadvantage - ACC)($2,000) Arrears of holiday pay (Quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Holidays Act 2003 |
| Number of Pages | 8 |
| PDF File Link: | ca 20_07.pdf [pdf 100 KB] |