| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 47/02 |
| Hearing date | 23 May 2002 |
| Determination date | 29 May 2002 |
| Member | D Asher |
| Representation | P Drummond ; A Sharp |
| Location | Wellington |
| Parties | Clark v Chemacon Products (1984) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Workplace injury - Told not needed upon return from injury - Whether temporary reduction of hours or dismissal - Whether entitled to remove hours from applicant - Contractual clause allowed respondent to reduce hours during downturn - Alleged temporarily removed hours only - Contract did not allow complete reduction of hours - Right to reduce hours needed to be exercised fairly and reasonably - Reduction amounted to dismissal - Dismissal unjustified - Labourer |
| Result | Application granted ; Reimbursement of lost wages (6 months) ; Compensation for humiliation etc ($9,000) ; Costs reserved |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |