| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 226/10 |
| Hearing date | 22 Sep 2010 |
| Determination date | 08 December 2010 |
| Member | J Crichton |
| Representation | P O'Sullivan ; S Williamson |
| Location | Invercargill |
| Parties | McLauchlan v Cook |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant offered work as couple – When employment relationship started couple no longer together as applicant charged with assault of partner – Authority found employment agreement (“EA”) provided for termination date – Applicant claimed dismissed following assault charge due to term in EA about assault – Found no dismissal on basis of assault – Found respondent made decision to rescind earlier decision to dismiss applicant – Found respondent tried to impose fixed term agreement on applicant – Found no meeting of minds between parties – Found no genuine reasons for fixed term – Found not genuine reason to operate fixed term agreement simply to establish suitability of applicant for permanent employment – Found respondent required to provide in EA way employment would end and why – Found respondent comprehensively breached law relating to fixed term agreements – Respondent informed applicant EA would not be renewed as applicant not physically capable of work required and engagement was for couple – Found applicant shocked and confused about date work to end – Dismissal unjustified – REMEDIES – No contributory conduct – Respondent claimed applicant suffered no harm because should have been dismissed following assault – Found difficulties between applicant and partner formed no part in respondent’s decision to dismiss – Found respondent might have dismissed applicant under terms of agreement for assault but facts clear respondent did not – $5,000 compensation appropriate – $7,995 reimbursement of lost wages appropriate – Milk harvester |
| Result | Application granted ; Reimbursement of lost wages ($7,995) ; Compensation for humiliation etc ($5,000) ; Costs reserved ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s66 |
| Number of Pages | 9 |
| PDF File Link: | ca 226_10.pdf [pdf 43 KB] |