| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 89/08 |
| Hearing date | 2 Jul 2008 |
| Determination date | 02 July 2008 |
| Member | J Crichton |
| Representation | C O'Connell (in person) ; no appearance |
| Location | Christchurch |
| Parties | O'Connell v Landform New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by manager in telephone conversation – No appearance for respondent – Statement in reply claimed applicant casual employee and applicant resigned after threatened disciplinary process - No written employment agreement (“EA”) – Matter dealt with urgently as respondent possibly going into liquidation - Respondent sent letter purporting applicant casual employee – Authority found evidence showed applicant typically worked over 50 hours per week, and seldom less than 38 hours per week – Found applicant rarely told not to work on a particular day – Found applicant permanent employee with flexible hours – Authority satisfied by evidence of applicant and witness to telephone conversation that applicant dismissed on phone – Found dismissal by telephone, with no opportunity for applicant to adequately respond, be emotionally prepared, seek and obtain advice, or address alleged deficits will usually be difficult to justify – Dismissal unjustified – Remedies – Authority rejected respondent’s allegation that applicant “back chatted” – Found no contributory conduct – Found applicant had difficulty obtaining replacement work although had several short term engagements – Found sufficient evidence of lost income as result of dismissal – Authority awarded $3,000 contribution to lost wages – Found $4,000 compensation appropriate for applicant’s hurt, humiliation and injury to feelings - PENALTY – Found penalty warranted for failure to provide written EA – Consequence of failure that respondent mistakenly relied on notion of what considered EA entailed – $1,000 penalty payable to applicant - COSTS – Applicant entitled to modest contribution to costs - $750 costs and $70 for filing fee appropriate - Labourer |
| Result | Applications granted (dismissal)(penalty) ; Reimbursement of lost wages ($3,000) ; Compensation for humiliation etc ($4,000) ; Penalty ($1,000)(payable to applicant) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | ca 89_08.pdf [pdf 23 KB] |