| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 9/02 |
| Determination date | 08 February 2002 |
| Member | P Cheyne |
| Representation | M Mitchell ; S Bujak |
| Location | Christchurch |
| Parties | Mitchell v Wigram Manor Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Probationary period - Meeting concerning cash reconciliation and general concerns about running of business - Meeting not of disciplinary nature - Summarily dismissed after second meeting for not completing cash reconciliation or report - Told to vacate accommodation on respondent's premises within 24 hours - No notice of allegations or likely consequences if misconduct established - No opportunity to explain - No unbiased consideration of explanation - Not reasonable to conclude misconduct - Dismissal unjustified - Employment would have continued beyond probationary period but for grievance - Holiday pay awarded on reimbursement of lost wages - Claim for bonus dismissed - Bar manager |
| Result | Application granted ; Reimbursement of lost remuneration ($7,725)(3 months less earnings during that period) ; Reimbursement of holiday pay ($487.50) ; Compensation for humiliation etc ($7,500) ; Arrears of holiday pay ($505.65) ; Interest (6.5 percent) ; Costs reserved |
| Cases Cited | GFW Agri-Products Ltd v Gibson [1995] 2 ERNZ 323;Lancer Aluminium (Henderson) Ltd v Young unreported, Travis J, 2 December 1998, AC 92/98;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Schofield Airport Gateway Hotel Ltd v Clarke [1998] 3 ERNZ 629 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |