| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 361/08 |
| Hearing date | 24 Apr 2008 |
| Determination date | 21 October 2008 |
| Member | R Arthur |
| Representation | D Collins ; T Skinner |
| Location | Auckland |
| Parties | Lomas v Inter Alliance Construction Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed when learned was dismissed from ACC officer – After less than one month’s employment, applicant suffered work related injury – Applicant advised respondent would be off work for six weeks – ACC paid earnings-related compensation – ACC provided applicant with form filled in by respondent stating applicant’s employment “under trial,” not permanent, and trial period terminated – Applicant contacted respondent who advised applicant to disregard comments and take time to recover from injury – Several weeks later ACC officer advised applicant respondent again denied applicant employed – Respondent ran job advertisement identical to advertisement applicant had answered – Applicant raised grievance – Authority found respondent’s denial that employed applicant amounted to dismissal – Found even if applicant employed on trial period, no discussion about bringing period to end, no evidence applicant’s work unsatisfactory, and no reasons put to applicant for comment – Found probationary period also ineffective under s67 Employment Relations Act 2000 as no written employment agreement – Dismissal unjustified – Remedies – Applicant not entitled to lost wages for period received ACC earning-related compensation – However, respondent did not pay applicant 80 percent of wages for first week of incapacity before ACC compensation began – Authority found applicant entitled to recover 80 percent of one week’s wages as arrears of wages, plus interest – Applicant gave evidence of sleeplessness and anxiety arising from circumstances of dismissal – $3,500 compensation appropriate - COSTS – ï¾½ day investigation meeting – Authority awarded applicant $1,000 contribution to costs, plus filing fee - Hammer hand |
| Result | Application granted ; Arrears of wages ($684) ; Interest ($35) ; Compensation for humiliation etc ($3,500) ; Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s67;Injury Prevention, Rehabilitation and Compensation Act 2001 s97;Injury Prevention, Rehabilitation and Compensation Act 2001 s99 |
| Cases Cited | PBO Ltd v Da Cruz [2005] 1 ERNZ 808;Watt v RD Managh Limited t/a Odin’s Marine (unreported, M Urlich, 1 November 2006, AA 123A/06) |
| Number of Pages | 6 |
| PDF File Link: | aa 361_08.pdf [pdf 24 KB] |