| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 176/10 |
| Hearing date | 14 Jul 2010 |
| Determination date | 02 September 2010 |
| Member | J Crichton |
| Representation | A McCormack, A Lloyd ; C Mundy-Smith |
| Location | Christchurch |
| Parties | Hetem-Harris v Beauty Management Riccarton Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent argued applicant abandoned employment – Applicant claimed required to work significantly higher hours than had been promised – Claimed worked total working span of 19 days without a break – Found respondent had no business premises of its own and simply existed to provide and manage labour in beauty salons – Applicant claimed given various directions by J – Respondent denied J had any management authority over applicant – Applicant claimed had no idea about structure of employer and formed reasonable belief was to follow instructions of J – Applicant told by J being given one weeks notice of dismissal – Applicant attended work to hand in uniform and told not to make any decisions until contacted by respondent next morning – No contact made – Applicant refused to return to work when contacted by respondent one week later – Authority informed parties during course of investigation meeting that absolutely satisfied applicant unjustifiably dismissed – However, for avoidance of doubt Authority set out reasoning – Found applicant believed on reasonable grounds had been dismissed – Found respondent had not repaired earlier default – Found delaying call to one week later not action of fair and reasonable employer – Found dismissal by telephone in peremptory manner entirely without process or justification – Dismissal unjustified – Remedies – No contributory conduct – Found applicant entitled to holiday pay and reimbursement of lost wages – Found $5,000 compensation appropriate – Beauty Therapist |
| Result | Application granted ; Reimbursement of lost wages ($9,360) ; Arrears of holiday pay ($1,959) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | ca 176_10.pdf [pdf 22 KB] |