| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 108/10 |
| Hearing date | 10 Mar 2010 |
| Determination date | 05 May 2010 |
| Member | J Crichton |
| Representation | J Carlson (Applicant in person) ; R Redmond (Respondent in person) |
| Location | Ashburton |
| Parties | Carlson v Redmond |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed dismissed after lost drivers licence – Applicant claimed real job paid in usual way and entitled to usual legal benefits as employee – Respondent claimed took applicant on as favour while applicant found proper employment – No records to support relationship – Authority found employment relationship – Found respondent paid applicant, required applicant to turn up to work on regular basis and take direction on matters – Found applicant dismissed by text message after respondent discovered lost drivers licence – Found completely unsatisfactory process and applicant given no opportunity to engage with respondent on matter – Dismissal unjustified – REMEDIES – No contributory conduct – Found unsatisfactory behaviour did not contribute to dismissal and applicant unaware drivers licence crucial to employment – $2,000 compensation appropriate – $750 reimbursement of lost wages appropriate – ARREARS OF WAGES AND HOLIDAY PAY – No holiday pay ever paid – No timesheets, wage records or other detail to calculate holiday pay – Found significant fluctuations in hours worked – Authority to make reasoned estimate as to amount of holiday pay due and owing – Applicant claimed owed payment for working public holiday and bonus – Respondent claimed additional bonus paid – Found no basis on which summary of earnings could be provided – Found no income tax paid during course of employment – Found respondent responsible to pay income tax of $2,730 – Wages and holiday pay due and owing – COSTS – Costs to lie where they fall |
| Result | Applications granted ; Reimbursement of lost wages ($750) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay ($800) ; Arrears of wages ($116) ; Unpaid income tax ($2,730) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | ca 108_10.pdf [pdf 27 KB] |