| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 140/07 |
| Hearing date | 18 Oct 2007 |
| Determination date | 19 October 2007 |
| Member | D Asher |
| Representation | G Gowland ; no appearance |
| Location | Wellington |
| Parties | Taylor v Mastfix Maintenance Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance - No appearance by respondent – Applicant alleged dismissed when told work had run out - Respondent claimed applicant casual employee and dismissed for performance reasons – Authority concluded permanent employee – Respondent submitted documents showing warnings allegedly given to applicant – Applicant denied receiving any warnings - Credibility finding in favour of applicant strengthened by respondent’s failure to appear and provide evidence as previously agreed – Dismissal without warning or consultation, a significant breach of s4(1A) Employment Relations Act – Dismissal unjustified - Remedies – Applicant claimed unable to pay mortgage – Acknowledged did not own house he lived in, but submitted relative relied on him to make mortgage payments - ARREARS OF HOLIDAY PAY – Applicant owed for annual leave and pubic holidays – COSTS – Length of investigation meeting not specified - Applicant sought exemplary costs of $5,000 on grounds of respondent’s conduct, in particular manufacture of evidence regarding warnings - Claimed respondent’s absence from investigation meeting was tacit admission of grievance – Appropriate costs $3,000 – Labourer |
| Result | Application granted ; Reimbursement of lost wages ($1,506)(3 weeks) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($1,004)(Public holidays) ; ($1,100)(Annual leave) ; Costs in favour of applicant ($3,000) ; Disbursements ($100) |
| Main Category | Personal Grievance |
| Cases Cited | ERA s4(1A);ERA s181 |
| Number of Pages | 6 |
| PDF File Link: | wa 140_07.pdf [pdf 22 KB] |