| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 113 |
| Hearing date | 18 Jul 2011 |
| Determination date | 29 July 2011 |
| Member | J Crichton |
| Representation | M Knowler ; A Dippie |
| Location | Cromwell |
| Parties | Fahy v Nichols Garden Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed employment ended when fixed term agreement expired – Authority found first employment agreement was fixed term agreement – Found after first agreement expired applicant continued to work for respondent – Respondent claimed subsequent fixed term agreement entered – Applicant claimed no such agreement and told no more work available – Found second agreement not fixed term agreement – Found no agreement to second fixed term between parties – Applicant claimed no recollection of any meeting to discuss fixed term – Found no bad faith on part of respondent – Found no second fixed term agreement – Found applicant sent away with no notice – Dismissal unjustified – REMEDIES – No contributory conduct – Found previous warnings had no bearing on dismissal – $2,100 reimbursement of lost wages appropriate - $2,500 compensation appropriate – COSTS – Length of investigation meeting not specified – Applicant claimed $5,000 contribution to costs – Found no supporting evidence to justify figure - $1,500 contribution to costs appropriate – Landscape Gardener |
| Result | Application granted ; Reimbursement of lost wages ($2,100) ; Compensation for humiliation etc ($2,500) ; Costs in favour of applicant ($1,500) |
| Main Category | Personal Grievance |
| Statutes | ERA s66 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Christchurch_113.pdf [pdf 17 KB] |