| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 191/09 |
| Hearing date | 13 Jul 2009 - 18 Sep 2009 (3 days) |
| Determination date | 05 November 2009 |
| Member | J Crichton |
| Representation | P Butler ; J Mills |
| Location | Christchurch |
| Parties | Ouakli v Scipio Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant resigned and returned to work following sick leave to find position filled – Respondent relied on mistake on medical certificate stating applicant not fit for work until later date – Applicant provided correct medical certificate – Respondent sent applicant home following day – Applicant argued unjustified dismissal – Respondent argued relied on original medical certificate and obligated to run safe and healthy kitchen – Respondent claimed applicant resigned and not returning to workplace because of ill health and possible new position – Authority found no dismissal – Found applicant resigned and error on medical certificate indicated would not be working out notice period – Found respondent believed on reasonable grounds applicant not returning to work and recruited replacement – Found respondent acted reasonably in sending applicant home – No dismissal – UNJUSTIFIED DISADVANTAGE – Found respondent had obligation to redress matters with applicant following receipt of correct medical certificate – Found disadvantage as result of respondent’s action – REMEDIES – No contributory conduct – $3,000 compensation appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed owed wages while opening of caf� delayed – Found no entitlement – Respondent claimed overpayment of holiday pay – Found claims for overpayment not made out – Applicant entitled to outstanding sum of $966 – Employment agreement provided for bonus – Applicant calculated entitlement to bonus on home computer without authority – Authority preferred respondent’s evidence – Authority rejected claim for bonus payment – PENALTY – Found delay in payment of holiday pay unreasonable - $100 penalty appropriate – COSTS – Partially successful personal grievance claim – 3 day investigation meeting – Counterclaim of unreasonable delay rejected – Contribution to costs appropriate – Head chef |
| Result | Application granted (unjustified disadvantage)(arrears of holiday pay) ; Application dismissed (unjustified dismissal) ; Arrears of holiday pay ($966) ; Compensation for humiliation etc ($3,000) ; Penalty ($100) ; Costs in favour of applicant ($3,000) |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | ca 191_09.pdf [pdf 34 KB] |