| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 127 |
| Hearing date | 17 Aug 2011 |
| Determination date | 23 August 2011 |
| Member | M B Loftus |
| Representation | N Forde (in person) ; R Wichman |
| Location | Dunedin |
| Parties | Forde v Elrich Enterprises Ltd t/a Hanson Removals |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant resigned – Applicant claimed altercation ensued at work and told to leave – Applicant claimed respondent director (“M”) was nasty towards applicant when applicant asked if fired – Respondent director (“W”) claimed conversation with applicant became testy – W claimed applicant refused to follow instructions – W claimed applicant left premises – W claimed not first altercation with applicant and tried to contact applicant several times afterwards but was unsuccessful – Applicant claimed W did not attempt to contact applicant – Witness evidence consistent with W’s recollection of events – Authority found applicant not dismissed – Found applicant not constructively dismissed – Found W gave applicant choice to follow instruction – Found if applicant complied likely no dispute would have arisen – No dismissal – ARREARS OF WAGES – Applicant claimed final pay deficient by one days’ pay – Respondent did not deny claim – Arrears of wages due and owing – COSTS – Length of investigation meeting not specified – Found neither party had assistance of professional representation – Found claim largely unsuccessful – Costs to lie where they fall – Driver/Loader |
| Result | Application dismissed (unjustified dismissal) ; Application granted (arrears of wages) ; Arrears of wages ($99) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Christchurch_127.pdf [pdf 22 KB] |