| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 345/08 |
| Hearing date | 4 Sep 2008 - 29 Sep 2008 (2 days) |
| Determination date | 01 October 2008 |
| Member | J Scott |
| Representation | S Hood ; No appearance |
| Location | Auckland |
| Parties | Neil v Lammas |
| Summary | UNJUSTIFIED DISMISSAL – No appearance by respondents – Vague oral employment agreement included provision for applicant’s accommodation – Applicant claimed after two weeks employment, asked respondent for help when encountered problem herding cows – Respondent swore at and criticised applicant, and told applicant to leave farm – Applicant went inside shed - Respondent yelled at applicant though shed window and told applicant to leave accommodation within two days – Two days later applicant attempted to reconcile relationship – Respondent again swore at applicant – Authority found words and actions of respondent constituted dismissal – Found respondent did not discharge burden of justifying dismissal – Applicant unjustifiably dismissed – Applicant out of work for four weeks – Applicant entitled to lost remuneration, compensation and loss of benefit of accommodation - Farm manager |
| Result | Application granted ; Reimbursement of lost wages ($3,846.15) ; Loss of benefit (accommodation)($480) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s123(1)(ca) |
| Cases Cited | Air New Zealand v Hudson [2006] ERNZ 415 |
| Number of Pages | 6 |
| PDF File Link: | aa 345_08.pdf [pdf 24 KB] |