| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 84/08 |
| Hearing date | 20 Jun 2008 |
| Determination date | 23 June 2008 |
| Member | P Cheyne |
| Representation | P Brown ; C Twigley |
| Location | Christchurch |
| Parties | Taigel v Broadway General Carriers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Nature of employment - Respondent claimed applicant worked on trial basis and did not become permanent employee - Dismissed when failed to improve performance - Applicant initially employed for trial period but continued in employment upon expiry of probationary period - Not a probationary employee at time of dismissal - Applicant dismissed after damaged truck - Clear dismissal predetermined with no opportunity for applicant to comment - Applicant not given formal warnings during employment and incident with truck not serious misconduct - Dismissal unjustified - Remedies - Applicant failed to mitigate loss by looking for new employment - Contributory conduct 10 percent - PENALTY - Initially no written employment agreement - However, respondent insolvent and unlikely to employ anyone before being wound up - Penalty not appropriate - Claim for arrears failed as applicant not entitled to sick pay - COSTS - Authority proposed awarding $500 costs to applicant - If neither party objected in given timeframe it would become order for costs |
| Result | Application granted ; Compensation for humiliation etc ($5,000 reduced to $4,500) ; Proposed costs in favour of applicant ($500) |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | ca 84_08.pdf [pdf 24 KB] |