| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 179/09 |
| Hearing date | 15 Oct 2009 |
| Determination date | 16 October 2009 |
| Member | J Crichton |
| Representation | J Stringleman ; no appearance |
| Location | Timaru |
| Parties | Buchanan v BA Logging Ltd |
| Summary | UNJUSTIFIED DISMISSAL – 7 week employment – No appearance by respondent – Applicant claimed constructively dismissed by respondent – Authority found respondent had not filed statement of reply or contributed to Authority’s investigation – Authority found fair to categorise respondent’s behaviour towards Authority as lacking in good faith – Authority satisfied on evidence respondent arguing did not consider owed applicant anything – Found respondent accused applicant of misappropriating funds by a failure to account – Authority found respondent deliberately chose not to attend investigation meeting or engage in Authority’s processes – Applicant engaged by respondent to pick up and deliver firewood to customers – Applicant collected payment from customers and left money in respondent’s vehicle as instructed – Applicant paid once during 7 week employment period – Applicant claimed regularly reminded respondent to pay monies but always met with excuses – Respondent convinced applicant failed to account for all money received – Authority accepted applicant’s evidence denying any wrongdoing – Authority also found applicant’s partner not paid by respondent for assisting applicant with work tasks – Heated argument occurred between parties where respondent told applicant could finish up – Subsequently applicant’s position advertised in local paper – Authority found applicant owed wages and holiday pay outstanding – Authority found applicant actually dismissed not constructively dismissed – Found fair and reasonable employer would not have dismissed applicant in circumstances – Found no investigation into allegations applicant withheld monies and subsequent dismissal made without any proper process – Dismissal unjustified – Remedies – Authority approved applicant’s modest claim for $2,000 compensation – Found applicant entitled to $5,400 reimbursement of lost wages – COSTS – Authority found applicant entitled to $1,000 contribution to costs – Firewood delivery truck driver |
| Result | Application granted ; Reimbursement of lost wages ($5,400) ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($1,807.50) ; Arrears of holiday pay ($214.20) ; Costs in favour of employee ($1,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s123(1)(c)(i) |
| Number of Pages | 6 |
| PDF File Link: | ca 179_09.pdf [pdf 23 KB] |