| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 55/09 |
| Hearing date | 12 Feb 2009 |
| Determination date | 30 April 2009 |
| Member | P Montgomery |
| Representation | S Thoms ; no appearance |
| Location | Nelson |
| Parties | Hamilton v Lovell Contractors Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant’s former position terminated without notice – Respondent later offered and applicant accepted new position – Respondent subsequently terminated position without notice - No employment agreement and wage slips - Authority found applicant unjustifiably dismissed without notice – REMEDIES – No contributory conduct – Reimbursement of 2.8 weeks lost wages and additional holiday pay on sum –Found $6,000 compensation appropriate – Authority noted dismissal “brutal” - Respondent ordered to pay $2,210 for failure to give two weeks notice - ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Authority found arrears due and owing – Respondent ordered to pay arrears of wages of $2,438 and arrears of holiday pay of $6,398 - PENALTY – Authority found respondent in liquidation therefore futile to award penalty – Authority would have levied penalty of $500 - Penalty declined – COSTS – Authority found respondent materially delayed proceedings – Found entitled to reasonable contribution of $2,000 and disbursements of $220 - Tradesman |
| Result | Applications granted (Unjustified dismissal) (Arrears of wages) (Arrears of holiday pay) ; Application dismissed (Penalty) ; Reimbursement of lost wages ($2,968)(2.8 weeks) ($237.44)(Additional holiday pay) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($2,438) ; Arrears of holiday pay ($6,398.16) ; Pay in lieu of notice ($2,120) ; Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($70)(Filing fee) ($135)(Service fee) ($85) |
| Main Category | Personal Grievance |
| Statutes | ERA s130;Companies Act 1993 s312 |
| Number of Pages | 6 |
| PDF File Link: | ca 55_09.pdf [pdf 31 KB] |