| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 425/09 |
| Hearing date | 26 Nov 2009 |
| Determination date | 27 November 2009 |
| Member | R Arthur |
| Representation | A Taylor ; no appearance |
| Location | Hamilton |
| Parties | McGruther v Events Security Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Triangular employment – No appearance for respondent – Authority satisfied respondent on notice of investigation meeting and had to bear consequences for non-appearance – Applicant employed by respondent who provided security services to T – Applicant worked on T’s site – Applicant told by respondent had to stop working at T’s site due to complaints to T about applicant’s work – Respondent denied dismissing applicant but argued required to remove applicant due to client dissatisfaction – Argued applicant declined offer of work elsewhere – Authority found performance issues not formally raised with applicant – Found no formal warnings provided – Found respondents actions in removing applicant from workplace had practical effect of summary dismissal – Dismissal unjustified – Remedies – Found no contributory conduct – Found applicant entitled to $3,840 reimbursement of lost wages – Found $5,000 compensation appropriate – ARREARS OF HOLIDAY PAY – Found applicant entitled to $364.80 arrears of holiday pay and interest on sum – PENALTY – Respondent ordered to pay $1000 penalty to Crown for failure to provide wage and time records – COSTS – Found applicant entitled to $1,500 contribution to costs – Security Officer |
| Result | Applications granted ; Reimbursement of lost wages ($3,840.00) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($364.80) ; Interest ($18.06) ; Penalty ($1,000) (Payable to crown) ; Costs in favour of applicant ($1,500) ; |
| Main Category | Personal Grievance |
| Statutes | ERA s159(2);ERA Second Schedule cl11;ERA Second Schedule cl12;ERA s124;ERA s128;ERA s130(2);ERA s130(4) |
| Number of Pages | 7 |
| PDF File Link: | aa 425_09.pdf [pdf 22 KB] |