| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 153/08 |
| Hearing date | 2 Oct 2008 |
| Determination date | 12 November 2008 |
| Member | D Asher |
| Representation | G McGuinness ; no appearance |
| Location | Wellington |
| Parties | Kirk v Burgess t/a Frank's Gardening and Landscaping |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Authority issued draft determination to parties following investigation meeting – Authority explained to respondent draft confirmed in 28 days unless parties settled on own terms or provided good reason for non-participation in problem resolution process and non-appearance at investigation – Found neither Authority or applicant heard from respondent – Authority satisfied appropriate to issue determination – Applicant claimed dismissed without any opportunity for representation and on basis of spurious performance allegations – Authority found respondent obstructed rather than facilitated Authority investigation and failed to act in good faith towards applicant – Applicant claimed late to work when not picked up by co-worker – Claimed respondent accepted mix up and told applicant would see him next day – Applicant claimed next day called into respondent’s office where told of performance concerns – Claimed respondent gave no prior indication of intention to raise concerns and no warning employment at risk – Authority found no basis for respondent’s allegation and termination process unfair – Authority accepted applicant’s evidence that respondent stated had dismissed another employee without justification partly because of expiry of job subsidy – Found applicant also subsidised employee – Dismissal unjustified – Remedies – Applicant claimed effects of dismissal profound – Claimed unable to keep up rent payments on house chosen to be closer to respondent – Claimed loss of income meant unable to visit children or have children visit him – Authority found $8,000 compensation appropriate – Found applicant entitled to $11,400 reimbursement of lost wages and arrears of holiday pay – COSTS – Authority ordered respondent pay $2,000 reasonable contribution to costs |
| Result | Application granted ; Reimbursement of lost wages ($11,400) ; Compensation for humiliation etc ($8,000) ; Arrears of holiday pay ($1,948.88) ; Costs in favour of applicant ($2,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s173;ERA s174;ERA Schedule 2 cl12 |
| Number of Pages | 5 |
| PDF File Link: | wa 153_08.pdf [pdf 20 KB] |