| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 118/08 |
| Hearing date | 11 Aug 2008 |
| Determination date | 13 August 2008 |
| Member | J Crichton |
| Representation | P Butler ; no appearance |
| Location | Christchurch |
| Parties | Manson v Ford and Anor t/a C&C Daily Freight |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent – Employment agreement stated employment temporary until further notice – EA also provided for 3 month trial period – Applicant dismissed by note left on front door of home – Applicant and advocate unable to contact respondent after dismissal – Authority accepted applicant had no idea why dismissed – Authority found respondent failed to provide time and wage records, gave no explanation for dismissal and failed to engage in Authority’s process – Dismissal unjustified – Remedies – No contributory conduct – Applicant claimed dismissal caused stress, hypertension, severe depression and exacerbated pre-existing medical condition – Authority found graphic evidence of harm as consequence of callous dismissal – $5,000 compensation appropriate – Reimbursement of lost wages since dismissal appropriate - ARREARS OF WAGES – Authority found applicant not paid for last week of employment – One week’s wages due and owing - COSTS – Applicant incurred actual costs of $2,792.52 – Authority found costs of $1,500 appropriate in circumstances – Applicant entitled to filing fee - Truck driver |
| Result | Applications granted ; Reimbursement of lost wages ($5,028) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($756) ; Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s128(3) |
| Number of Pages | 4 |
| PDF File Link: | ca 118_08.pdf [pdf 18 KB] |