Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 115/08
Hearing date 7 Aug 2008
Determination date 11 August 2008
Member J Crichton
Representation A Leonard ; no appearance
Location Dunedin
Parties Ward v Southern Cleaning Services
Summary UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed by respondent - No appearance for respondent - Employment agreement stated applicant to work five hours per week plus other times as notified at specified rate - Applicant required to purchase shoes and trousers as part of agreement - Applicant unwell on day due to start employment - Unsuccessfully attempted to contact respondent to notify could not attend work - Respondent then contacted applicant and applicant explained was sick - Applicant unwell again next day - Again attempts to contact respondent unsuccessful - Respondent again contacted applicant and applicant explained still sick - Next working day applicant spoke to respondent and was informed was dismissed as was considered unreliable, and to be lying about illness - Authority satisfied respondent knew applicant was sick and so absent on grounds of ill health - Authority found applicant summarily dismissed and decision was unjustified - Unjustified dismissal - Remedies - Applicant awarded three months lost wages ($734.50) - Compensation of $2,000 awarded - Respondent to reimburse applicant $150 for purchase of shoes and trousers - COSTS - Respondent to pay $1,000 towards applicant’s costs - Custodian
Result Application granted ; Reimbursement of lost wages ($734.50) ; Reimbursement for expenses ($150) ; Compensation for humiliation etc ($2,000) ; Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($70)(Filing fee)
Main Category Personal Grievance
Number of Pages 4
PDF File Link: ca 115_08.pdf [pdf 17 KB]