| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 63/02 |
| Hearing date | 27 May 2002 |
| Determination date | 21 June 2002 |
| Member | P Cheyne |
| Representation | C Smith ; D Rhodes |
| Location | Christchurch |
| Parties | Smart v Landcorp Farming Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Fair investigation into fuel usage at applicant's farm - Conclusion that applicant guilty of serious negligence open to respondent - Issued warning and transferred applicant to new position with reduced salary - Applicant's solicitor advised respondent that no agreement to transfer - Received letter clarifying" that applicant dismissed and new position offered as alternative - Letter was reaction to refusal to accept variation of terms - Not open to fair employer to dismiss in response to employee indicating intention to test lawfulness of original decision - Remedies - Employment relationship able to be successfully re-established - Reinstatement ordered within 7 days - No award for humiliation given reinstatement ordered - Farm manager" |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum reserved) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |