| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 37/08 |
| Hearing date | 3 Apr 2008 |
| Determination date | 04 April 2008 |
| Member | G J Wood |
| Representation | J Nathan (in person) ; no appearance |
| Location | Napier |
| Parties | Nathan v 123 Metals Ltd, formerly Cash for Scrap Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - No appearance by respondent - Applicant returned to office in his truck - Office worker removed his keys and refused to return them or provide explanation - Applicant went home as no truck to drive - Rang head office repeatedly and finally informed had been suspended but told to ring another manager for reasons - Informed suspended for taking too long on jobs - Applicant disputed that - Asked about pay and informed had been stopped - Requested holiday pay not forthcoming - Applicant believed had been dismissed and sought advice - Respondent did not reply to lawyer's correspondence - Respondent never raised performance concerns, if indeed there were any - Fair and reasonable employer would not have acted in manner respondent did and would not have effectively dismissed employee without reasons or prior warning - Dismissal unjustified - Driver |
| Result | Application granted ; Reimbursement of lost wages ($5,400)(9 weeks) ; Holiday pay ($528) ; Compensation for hurt etc ($9,000) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA Schedule 2 cl12 |
| Number of Pages | 6 |
| PDF File Link: | wa 37_08.pdf [pdf 31 KB] |