| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 157/08 |
| Hearing date | 21 Oct 2008 |
| Determination date | 23 October 2008 |
| Member | J Crichton |
| Representation | J Hepi (in person) ; no appearance |
| Location | Christchurch |
| Parties | Hepi v Evergreen Hydro Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant handed dismissal letter by respondent’s director (“A”) – A told applicant to remove personal things and quit workplace – Dismissal letter referred to alleged earlier verbal and written warnings – Applicant claimed not aware of verbal warning and only aware of written warning after dismissal – Respondent faxed applicant’s mother alleging applicant resigned and seeking to discuss applicant’s continued employment – Applicant claimed after failed attempts to obtain information from respondent delivered letter stating proceeding with personal grievance – Authority found letter constituted proper raising of personal grievance – In statement in reply respondent alleged ceased to trade and no income to pay potential claims – Authority found A refused to attend mediation – Found respondent not willing participant in Authority’s process – Authority found no evidence to suggest any verbal warnings given to applicant – Authority accepted applicant’s claim did not see written warning until after dismissal – Authority found dismissal letter bereft of any proper process – Found applicant had no opportunity to respond to offences in dismissal letter before dismissed – Found dismissal procedurally unfair – Applicant claimed refused to accept offer of re-employment because had little confidence respondent would fulfil obligations – Dismissal unjustified – Remedies – Authority found $3,500 compensation appropriate – Authority ordered respondent to pay applicant $7,000 reimbursement of lost wages – Dismissal unjustified – PENALTY – Authority found $1,000 penalty appropriate as applicant only provided final pay slip and respondent ignored requests for other documents – Storeman/Sales person |
| Result | Application granted ; Reimbursement of lost wages ($7,000) ; Compensation for humiliation etc ($3,500) ; Penalty ($1,000) (Payable to applicant) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s130(4) |
| Number of Pages | 8 |
| PDF File Link: | ca 157_08.pdf [pdf 37 KB] |