| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 193/10 |
| Hearing date | 13 Aug 2010 |
| Determination date | 08 October 2010 |
| Member | H Doyle |
| Location | Timaru |
| Parties | Ward v Tubb t/a Otipua Takeaways |
| Summary | UNJUSTIFIED DISMISSAL – Poor Performance – Incompatibility – Applicant claimed unjustifiably dismissed by text message – Applicant asked problem be resolved by payment of three weeks’ notice, respondent signing reference letter and reimbursement of filing fee – Respondent claimed manager could no longer work with applicant because of applicant’s attitude and poor performance – Authority found reference letter not one of remedies able to be awarded – Applicant alternatively sought reimbursement of lost wages and $2,000 compensation – Respondent claimed applicant casual employee and entitled to dismiss – Found applicant’s pattern of work predictable and applicant had expectation of ongoing work – Found applicant’s employment not casual – Respondent claimed manager unable to work with applicant because applicant and another colleague up to high jinx – Respondent aware of issues between manager and applicant but did not speak with applicant about matters – Applicant unaware of issues with manager – Respondent claimed manager had food handling licence but applicant did not so essential to retain manager – Found matters never put to applicant – Found applicant not given opportunity to provide explanation of alleged conduct – Found dismissal not what fair and reasonable employer would have done – Dismissal unjustified – REMEDIES – No contributory conduct – $450 reimbursement of lost wages appropriate - $2,000 compensation appropriate |
| Result | Application granted ; Reimbursement of lost wages ($450) ; Compensation for humiliation etc ($2,000) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s101(ab) |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd [2009] 9 NZELC 93, 341 |
| Number of Pages | 8 |
| PDF File Link: | ca 193_10.pdf [pdf 37 KB] |