Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 191/08
Hearing date 26 Nov 2008
Determination date 12 December 2008
Member J Crichton
Representation H Cathro (in person) ; no appearance
Location Christchurch
Parties Cathro v Monastra
Summary UNJUSTIFIED DISMISSAL - No appearance by respondent - Authority satisfied employer was respondent, not respondent’s company - Upon arrival at work, applicant given free movie tickets and told to go to movies rather than work - Next day applicant left list of problems with kitchen as was concerned about health risks of dirty kitchen - That evening applicant received text message from respondent asking where applicant was - Applicant suggested respondent contact him but respondent failed to do so - Following day respondent told applicant no longer employed - Authority found lack of enquiry or opportunity to be heard was unfair - Dismissal unjustified - Remedies - Authority satisfied applicant became stressed and concerned about possible impact of dismissal on reputation - $1,500 compensation appropriate - Reimbursement of lost wages for week until applicant found new employment - ARREARS OF WAGES AND HOLIDAY PAY - Authority satisfied applicant owed wages and holiday pay - Chef
Result Application granted (unjustified dismissal) ; Compensation for humiliation etc ($1,500) ; Reimbursement of lost wages ($662.50) ; Arrears of wages ($1,462.50) ; Arrears of holiday pay ($371) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs to lie where they fall
Main Category Personal Grievance
Number of Pages 4
PDF File Link: ca 191_08.pdf [pdf 18 KB]