| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 25/10 |
| Hearing date | 9 Feb 2010 |
| Determination date | 11 February 2010 |
| Member | G J Wood |
| Representation | D Patten ; no appearance |
| Location | Wellington |
| Parties | Reeves v Harbour City Tow and Salvage (2003) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed unjustifiably dismissed following altercation with respondent’s manager (“O”) – Respondent argued applicant abandoned employment – Altercation between applicant and O - Applicant left workplace and did not return following day – Respondent sent applicant letter offering opportunity to discuss incident – Following year, another altercation occurred – O told applicant should be carrying out work duties - Applicant told O that O should do applicant’s work – Applicant told O had enough and left workplace – Applicant left workplace to leave respondent short staffed as punishment for incident – Following day, applicant returned – O advised applicant dismissed for abandonment – Applicant replied needed three days absence before there could be abandonment – Applicant requested outstanding wages and holiday pay – O declined request, told applicant’s performance poor and other staff hated working with applicant – Personal grievance raised – Authority found respondent previously used proper procedures to deal with applicant leaving workplace without authority and those procedures should have been used – Found respondent could not reasonably conclude abandonment from incident – Found respondent entitled to engage temporary replacement staff after applicant left workplace but incumbent on respondent to investigate matter – Found no abandonment clause in employment agreement – Found applicant’s summary dismissal unjustified – REMEDIES – Found 30 percent contributory conduct as applicant reacted rudely towards O during altercation and should not have not left workplace to financially punish respondent – Found $8,500 compensation appropriate as dismissal caused applicant embarrassment and financial hardship – Reimbursement of $1,890 three weeks lost wages – ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Authority found respondent failed to disprove applicant’s claim therefore claim treated as proven – Respondent ordered to pay applicant $686 arrears of wages and $3,493 arrears of holiday pay – COSTS – Two hour investigation meeting - Applicant sought $2,560 full costs award – Applicant claimed full costs award appropriate given respondent’s failure to participate in Authority investigation and provide wage and time records – Authority found investigation meeting short and applicant needed legal representation - Found $2,531 reasonable contribution to costs – Tow Truck Driver |
| Result | Applications granted ; Arrears of wages ($686) ; Arrears of holiday pay ($3,493) ; Reimbursement of lost wages ($1,890 reduced to $1,323) ; Compensation for humiliation etc ($8,500 reduced to $5,900) ; Costs in favour of applicant ($2,531.25) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s182;ERA s103A;ERA s130;ERA s132;ERA Second Schedule cl12 |
| Cases Cited | Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 Feb 1994, WEC 3/94;E N Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 |
| Number of Pages | 11 |
| PDF File Link: | wa 25_10.pdf [pdf 37 KB] |