| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 202/09 |
| Hearing date | 17 Nov 2009 |
| Determination date | 26 November 2009 |
| Member | J Crichton |
| Representation | G Burness ; No appearance |
| Location | Christchurch |
| Parties | Gourdie v Hairstyle Management Riccarton Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – 2 month employment – Authority found respondent failed to engage with Authority’s process – Found if matter challenged, Authority would certify for Court respondent obstructed Authority’s investigation and failed to act in good faith – Applicant claimed unjustifiably dismissed by respondent from two businesses owned and operated by respondent – Applicant told because work quiet not to come in – Applicant then told not to attend subsequent days and to ring to establish position – Authority found effect of respondent’s instructions was applicant could not live on limited amount of wages received – Applicant had difficulty engaging respondent in mediation who claimed applicant not working and no intention of making wages payments – Applicant claimed told by respondent employment a trial and hours cut temporarily due to slow down in business – Respondent then told applicant position being “uncreated” – Authority found respondent failed to deal with applicant in appropriate way – Found statement to applicant that position “uncreated” a sending away – Found complete absence of proper process – Dismissal unjustified – Remedies – Authority found applicant entitled to $1200 for time out of work and further $1300 being shortfall between current position and original position – Found $2,500 compensation appropriate – UNJUSTIFIED DISADVANTAGE – Authority found no evidence of unjustified disadvantage – Found informal agreement proceeded on basis if no work because of customer demand then no obligation to pay – ARREARS OF HOLIDAY PAY – Authority satisfied applicant owed unpaid holiday pay – PENALTY – Authority ordered respondent pay $1000 penalty to applicant for failure to provide employment agreement – Receptionist |
| Result | Application granted (Dismissal) ; Application dismissed (Disadvantage) ; Reimbursement of lost wages ($2,700) ; Arrears of holiday pay (Quantum to be determined) ; Compensation for humiliation etc ($2,500) ; Penalty ($1,000) ; Costs in favour of applicant ($1,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s181;ERA s65;ERA s63(2)(a);ERA s63A(3);ERA s135(2)(b);ERA s136(2) |
| Number of Pages | 7 |
| PDF File Link: | ca 202_09.pdf [pdf 22 KB] |