| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 109/08 |
| Hearing date | 15 Apr 2008 |
| Determination date | 28 July 2008 |
| Member | P Montgomery |
| Representation | E Gouw (in person) ; T Guthrie |
| Location | Christchurch |
| Parties | Gouw v Wakefields of Sumner Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed respondent extended probationary period without agreement and was then unjustifiably dismissed – No written employment agreement, however letter of appointment set out proposed conditions of appointment – Respondent concerned applicant working longer hours than agreed, and had worked public holiday without consent – Wrote to applicant asking him to work only agreed hours as business could not sustain longer hours - Respondent asked applicant to extend trial period while overseas – Applicant agreed to maintain status quo until respondent returned – On return, respondent issued dismissal letter – Authority found respondent entitled to extend probationary period as put proposal to applicant and applicant had reluctantly agreed - Authority found sale or closure inevitable – Found respondent made decision to terminate without engaging applicant on how employment relationship to end – Respondent issued notice of dismissal prior to discussing whether applicant would leave or stay on reduced hours until sale, and under what terms – Dismissal unjustified - Remedies – Applicant claimed disheartened by dismissal and unemployed for three months – Attempted career change unsuccessful – Authority found applicant failed to mitigate loss – Respondent not responsible for applicant’s decision not to seek employment within hospitality industry – Found both parties aware at onset of employment that each taking risks on failing business – Applicant’s contribution to circumstances not so serious as to warrant reduction of remedies – Given finding that employment relationship to have ended within three months, applicant entitled to four weeks wages ($2,520) – Compensation of $1,000 appropriate in circumstances – Declined to impose penalty for failure to provide written employment agreement because while letter of appointment fell short of requirements, was attempt to clarify basic terms of employment relationship – Head chef |
| Result | Application granted ; Reimbursement of lost wages ($2,520)(4 weeks) ; Compensation for humiliation etc ($1,000) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s65(2)(a)(vi) |
| Number of Pages | 8 |
| PDF File Link: | ca 109_08.pdf [pdf 37 KB] |