| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 147/07 |
| Hearing date | 10 Jul 2007 |
| Determination date | 05 December 2007 |
| Member | P Montgomery |
| Representation | L Winter ; R Thompson |
| Location | Christchurch |
| Parties | Downes v Home Improvers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Respondent denied dismissing applicant - Alleged she left worksite after being spoken to about performance - Submitted entitled to withhold holiday pay as applicant left without giving notice - Applicant previously warned about performance - Applicant claimed dismissed based on allegation from client and then asked to attend meeting - Applicant did not attend meeting but returned uniform and sought final pay - Respondent alleged merely attempting to arrange disciplinary meeting to resolve performance issue - Although respondent asserted no dismissal expended considerable energy supporting dismissal based on performance - Applicant’s evidence preferred - In addition, director heard applicant tell co-worker she had been fired but did not correct alleged misapprehension - Emphasis on arranging meeting attempt to create process after dismissal - Dismissal unjustified - Remedies - Performance issues previously addressed and resolved - No contribution - Entitled to wages for remainder of fixed term - Arrears of wages to be confirmed - Arrears of holiday pay due and owing - Interest 9 percent - Painter |
| Result | Application granted ; Reimbursement of lost wages ($6,566) ; Compensation for humiliation etc ($3,000) ; Arrears of wages (Quantum to be determined) ; Arrears of holiday pay ($1,279.05) ; Interest (9%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 9 |
| PDF File Link: | ca 147_07.pdf [pdf 41 KB] |