| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 91/07 |
| Hearing date | 18 Jul 2007 |
| Determination date | 06 August 2007 |
| Member | H Doyle |
| Representation | P Shaw ; no appearance |
| Location | Christchurch |
| Parties | Siataga v McKellar Property Services Wellington Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Matter determined with agreement of respondent’s liquidator – Identity of employer raised – Labour Inspectors and Inland Revenue Department of view employer correctly identified – Authority found limited evidence showed applicant employed by respondent - Respondent argued applicant’s resignation was accepted but would occur later – Applicant had told respondent if changes to work not made, would resign – Respondent did not reply to applicant’s satisfaction, so applicant gave notice of resignation period – Respondent replied wanted applicant to stay on until client’s contracts complete – Applicant considered resignation put to one side and stayed on – Employment continued past end of client’s contracts – Authority found applicant’s resignation not accepted by respondent – Found agreement applicant would continue working until later time – Found although was discussion about employment continuing until end of one client’s contracts, applicant continued working beyond that date – Found respondent’s reliance on earlier resignation which had not been accepted breached duty of good faith – Found was discussion about applicant reducing Area Manager hours, but change not implemented in proper process and no evidence to support genuine redundancy – Found fair and reasonable employer would have discussed reduction of hours with applicant and gone through proper process – Dismissal unjustified – Remedies – Applicant unable to work for over a year – Applicant’s employment may not have continued for further full year as respondent lost number of contracts – Awarded six months lost wages - No contributory conduct – Found dismissal had devastating effect on applicant – Applicant unable to leave house for several months due to depression – Applicant’s household suffered significant financial difficulties – Respondent’s callous dismissal disregarded applicant’s hard work, loyalty and dedication – High compensation award appropriate - ARREARS OF WAGES – Applicant claimed unpaid wages and holiday pay – Authority found Labour Inspectors correctly calculated holiday pay owing – Authority found applicant underpaid - Interest on arrears awarded – COSTS – Applicant legally aided – Applicant entitled to costs for short meeting, plus filing fee - Commercial Cleaning Area Manager |
| Result | Application granted ; Reimbursement of lost wages ($17,100) ; Arrears of wages ($269.20)(Interest 10%) ; Arrears of holiday pay ($1,993.53)(Interest 10%) ; Compensation for humiliation etc ($15,000) ; Disbursements in favour of applicant ($70)(filing fee) ; Costs in favour of applicant ($1,500) |
| Main Category | Personal Grievance |
| Statutes | Companies Act 1993 s248(c) |
| Number of Pages | 10 |
| PDF File Link: | ca 91_07.pdf [pdf 42 KB] |