| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 48/08 |
| Hearing date | 7 Feb 2008 |
| Determination date | 30 April 2008 |
| Member | J Crichton |
| Representation | R Thompson ; M Kyne |
| Location | Christchurch |
| Parties | Harding v V & A Keefe Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant provided with vehicle to get to workplace – Respondent met with applicant to convey decision that in serious financial difficulty so decided to cut costs by removing use of vehicle – Discussion became heated as applicant considered use of car essential term of employment agreement – Authority rejected respondent’s argument that applicant resigned in meeting – Respondent telephoned applicant and parties discussed alternative transportation options – Authority accepted applicant’s evidence that respondent said applicant dismissed as not prepared to change – Authority found dismissal over telephone in heat of the moment without opportunity to be heard or represented - Dismissal procedurally unfair – Authority found unnecessary to determine whether respondent could withdraw use of vehicle without applicant’s consent – Dismissal unjustified – Remedies – Authority found applicant contributed to grievance by adopting attitude which, given respondent’s financial difficulties, made resolution of dispute more difficult – 30 percent contributory conduct – Authority found respondent had limited ability to meet any award made by Authority – Quantum of remedies to be determined between parties by agreement – Leave reserved for parties to return to Authority to determine remedies - ARREARS OF HOLIDAY PAY – Applicant claimed annual holiday pay paid in hourly rate in breach of Holidays Act 2003 (“HA”) – Respondent argued holiday pay calculated as part of hourly rate but paid into separate bank account – Authority found no doubt holiday payments breached s28 HA – Authority accepted respondent’s submission that holiday pay arrangement not made to disadvantage applicant – Found process fell within s27 HA – However, due to breach of s28 HA, Authority found actions inexcusable – Quantum of holiday pay to be determined by parties - Truck driver |
| Result | Applications granted (unjustified dismissal)(arrears of holiday pay) ; Arrears of holiday pay (quantum to be determined) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc (quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66;Holidays Act 2003;Holidays Act 2003 s27;Holidays Act 2003 s28;Holidays Act 2003 s28(1)(a) |
| Number of Pages | 5 |
| PDF File Link: | ca 48_08.pdf [pdf 21 KB] |