| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 133/08 |
| Hearing date | 28 Aug 2008 |
| Determination date | 30 September 2008 |
| Member | P R Stapp |
| Representation | A Douglass ; M Round |
| Location | Wellington |
| Parties | Sullivan v ABI Services (Wellington) Ltd t/a Cavit ABI Rehabilitation |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed casual employment became permanent employment and then unjustifiably dismissed - Respondent claimed applicant always casual employee and still on books - Applicant initially signed casual employment agreement - Respondent claimed applicant’s hours irregular - Applicant claimed hours varied but was distinct pattern - Applicant averaged 39 hours per week - Applicant approached manager (“H”) seeking permanent employment - Applicant claimed meeting to discuss issue became unpleasant when H raised matters of serious nature and meeting developed into informal disciplinary meeting - No dispute applicant not offered any further shifts after meeting - H claimed no shifts assigned due to applicant’s emotional state - Applicant claimed respondent aware of her ability to work in following weeks - Authority found applicant initially employed as casual employee - Found applicant became permanent employee because of regular work and hours - Found no agreement applicant would not work following meeting - Found fair and reasonable employer would not have made unilateral decision without agreement - Found failure to do so unjustified - Found applicant’s employment affected to her disadvantage when not offered on-going work - Applicant had personal grievance - Remedies - Found applicant seriously and genuinely wanted to work - Found while some inter-personal problems between applicant and H following matters raised in meeting applicant had no animosity towards H - Found not impracticable to reinstate applicant - Respondent to reinstate applicant to her position or position not less favourable soon as practicable - Authority accepted applicant tried to obtain alternative employment - However, applicant not fully available for work because of illness - Three months reimbursement of lost wages awarded - Authority not satisfied casual link established between respondent’s action and full impact on applicant - However, sufficient evidence to attribute some impact on applicant of H’s unilateral decision to rest applicant - Authority accepted applicant needed medical help and her feelings were hurt - $6,000 compensation appropriate - Nurse |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($9,962.55) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | wa 133_08.pdf [pdf 24 KB] |