| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 26/10 |
| Hearing date | 28 Jan - 29 Jan 2010 (2 days) |
| Determination date | 04 February 2010 |
| Member | J Crichton |
| Representation | T Gifkin (Applicant in person) ; W Cavendish |
| Location | Christchurch |
| Parties | Gifkin v Duke of Dorset Farming Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed when told “we don’t f**cking well need you there is nothing for you to do” by partner of person applicant (“P”) considered his employer (“C”) - When applicant asked to speak to C told P’s word as good as C’s - When applicant returned later wanting to speak to C was told by P not welcome and to leave - When applicant refused to leave was issued with Trespass Act notice - Respondent claimed applicant dismissed as no work could profitably engage him in - Authority found dismissal procedurally unfair - Found respondent’s actions not those of fair and reasonable employer - Found applicant given no opportunity to respond - Found if genuinely no work for applicant situation could have been handled much better - Dismissal unjustified - Remedies - No contributory conduct - Compensation of $1,000 appropriate - ARREARS OF WAGES - Authority found applicant not paid wages on regular basis - Dispute between parties as to how much applicant paid and length of employment - Applicant claimed employed for two months - Respondent claimed applicant only worked effectively for two weeks - No proper records provided - Authority found proper basis for decision to allow for six weeks employment and deduct amounts paid - Respondent to pay applicant $3,000 arrears of wages - General Hand |
| Result | Applications granted ; Compensation for humiliation etc ($1,000) ; Arrears of wages ($3,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | Trespass Act 1980 |
| Number of Pages | 4 |
| PDF File Link: | ca 26_10.pdf [pdf 20 KB] |