| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 68/07 |
| Hearing date | 13 Apr 2007 |
| Determination date | 25 June 2007 |
| Member | H Doyle |
| Representation | H Evans ; I Thompson |
| Location | Christchurch |
| Parties | Denton v Gorrie Fuel (SI) Ltd t/a Don Gorrie Auto Services |
| Summary | RAISING PERSONAL GRIEVANCE - PRACTICE AND PROCEDURE - Whether grievance raised within 90 days - Applicant and his father met with respondent to find out why employment terminated - At meeting applicant challenged reasons for dismissal and his father advised matter would be taken further - Grievance raised during meeting - Consistent with that, applicant contacted Mediation Service - Respondent objected to statement of evidence from mediation support officer on grounds breached confidentiality of mediation - Not necessary for Authority to hear evidence from support officer - Department of Labour advised had opened file on matter - UNJUSTIFIED DISMISSAL - Abandonment - Applicant believed granted leave and went away on holiday - Respondent sought to have him return but travel arrangements meant not possible - Advised could not guarantee job on return - Applicant removed from roster without further discussion when did not return early - Parties had discussed leave although unclear whether exact end date given - Clear applicant intended to return to work - No justification for concluding employment abandoned - Fair and reasonable employer would not have dismissed in circumstances - Unjustified dismissal - Remedies - No weight placed on date in bank statement showing applicant in town owing to public holidays - No evidence applicant's conduct misleading - However, should have made return date clear, although respondent did not have clear leave process - Contributory conduct 10 percent - ARREARS OF WAGES AND HOLIDAY PAY - Respondent incorrectly withheld final pay on basis applicant failed to give notice - Arrears due and owing - Interest 7.5 percent - Applicant also entitled to payment for alternative holidays for work on public holidays - Forecourt attendant |
| Result | Application granted ; Reimbursement of lost wages ($391.25 reduced to $352.13)(One week) ; Compensation for humiliation etc ($5,000 reduced to $4,500) ; Arrears of wages ($735) ; Arrears of holiday pay (Quantum to be determined) ; Interest (7.5%) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s114(2);ERA s148;ERA Second Schedule cl11;Holidays Act 2003 s56;Holidays Act 2003 s60(2)(b)(i) |
| Number of Pages | 13 |
| PDF File Link: | ca 68_07.pdf [pdf 52 KB] |