| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 108/08 |
| Hearing date | 8 Jul 2008 |
| Determination date | 28 July 2008 |
| Member | P Montgomery |
| Representation | R Thompson ; no appearance |
| Location | Christchurch |
| Parties | McEnaney v Eustruct Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance by respondent – Applicant given employment agreement but did not sign it as wished to discuss matters with respondent’s directors – On third rostered work period, applicant’s manager (“F”) failed to collect applicant for work as arranged – Applicant telephoned head office and was told by General Manager (“C”) that F had been delayed – When F still did not arrive applicant telephoned co-worker who said he had heard applicant had been fired – Applicant unable to contact respondent further – F gave applicant letter of dismissal and final cheque later same day – Applicant’s children witnessed dismissal – Applicant claimed some reasons for dismissal given in letter previously raised with applicant and resolved at time, and some never brought to his attention – Next day C attempted to persuade applicant to sign prior employment agreement, saying could work in alternative position – Respondent cancelled final cheque, alleging applicant might owe money – Respondent laid complaint with Police alleging theft - Later withdrew complaint - Respondent claimed applicant casual employee until contract signed – Applicant claimed casual status not raised with him until second rostered work period - Authority found position offered and accepted was permanent full-time position – Applicant’s evidence preferred over respondent’s unsigned and unsworn statements – Authority found applicant unjustifiably dismissed - Remedies – Authority found applicant suffered financial loss as result of dismissal – Awarded $2,800 lost wages – Found considerable hurt and humiliation exacerbated by post-dismissal behaviour of respondent’s directors – Awarded $5,000 compensation – No contributory conduct – Applicant’s costs increased by respondent’s lack of cooperation, such as failure to attend agreed mediation – Applicant awarded $1,500 as reasonable contribution to costs – Application for penalty declined - Foreman carpenter |
| Result | Application granted ; Reimbursement of lost wages ($2,800) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($1,500) |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | ca 108_08.pdf [pdf 30 KB] |