| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 167/07 |
| Hearing date | 12 Dec 2007 |
| Determination date | 12 December 2007 |
| Member | D Asher |
| Representation | M Williams ; no appearance |
| Location | Napier |
| Parties | Davies v Smart Steel Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Misconduct - No appearance by respondent - In statement in reply argued applicant dismissed for persistent refusal to carry out instructions - Applicant’s evidence accepted - Unaware respondent had any issues with his behaviour until received dismissal letter - Other allegations raised by respondent unsubstantiated and not of nature to justify lack of fair process - Dismissal unjustified - Arrears of wages, commission and holiday pay also due and owing - COSTS - Length of investigation meeting not specified - Full costs awarded due to respondent’s failure to engage in employment relationship problem resolution process and because sum sought reasonable for matter |
| Result | Application granted ; Reimbursement of lost wages ($2,764.80) ; Compensation for humiliation etc ($10,000) ; Arrears of wages ($3,270.91) ; Holiday pay ($1,132.98) ; Costs in favour of applicant ($2,250) ; Disbursements ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s160;ERA s181;ERA Second Schedule cl12 |
| Number of Pages | 7 |
| PDF File Link: | wa 167_07.pdf [pdf 25 KB] |