| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 23/08 |
| Hearing date | 13 Nov 2007 |
| Determination date | 11 March 2008 |
| Member | J Crichton |
| Representation | S Kannangara ; J Gu |
| Location | Christchurch |
| Parties | Chen v ZLC Ltd t/a Eulux Flooring |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed - Respondent claimed applicant’s employment not renewed in accordance with probationary period in employment agreement - Respondent claimed applicant lazy or incompetent - Authority found evidence did not support respondent’s contention - Respondent alleged applicant deliberately sabotaged work - No evidence supplied to support allegations and employee who supervised applicant gave evidence applicant not capable of damage alleged - Authority found no evidence parties agreed to probationary period - Found respondent followed no process in dismissing applicant - Applicant given no opportunity to have views considered or obtain support person - Dismissal unjustified - Remedies - No contributory conduct - Authority accepted applicant’s claim for lost remuneration - Compensation of $5,000 appropriate - ARREARS - Applicant claimed owed arrears of wages and holiday pay - Applicant claimed agreed would be paid certain rate per hour - Claimed after first week paid fixed weekly rate regardless of hours worked and that received less than if paid at agreed weekly rate - Authority found applicant made clear to respondent needed specified hourly rate to meet financial commitments - Found unlikely subsequent agreement applicant be paid weekly rate for unlimited hours - Authority satisfied applicant owed outstanding wages and holiday pay - PENALTY - Authority satisfied applicant repeatedly asked for written employment agreement but none provided - Authority rejected respondent’s explanation as to why no agreement provided - Penalty appropriate - Sales assistant |
| Result | Application granted ; Reimbursement of lost wages ($8,970) ; Compensation for humiliation ($5,000) ; Arrears of wages ($1,279) ; Arrears of holiday pay ($92.10) ; Penalty ($1,000)(Payable to applicant) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s128 |
| Number of Pages | 7 |
| PDF File Link: | ca 23_08.pdf [pdf 27 KB] |