Jurisdiction: Employment Relations Authority - Christchurch
Reference No.:  NZERA Christchurch 109
Hearing Date: 8 May 2015
Judgment Date: 03 August 2015
Statutory Officer/Judge: D Appleton
Representation: L Malin ; No appearance
Parties: Leary v Ferguson Civil Industries Ltd (in receivership)
Summary: JURISDICTION – Whether applicant employee or independent contractor – UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages – No appearance for respondent - Truck driver and labourer
Abstract: AUTHORITY FOUND - JURISDICTION: In absence of respondent, applicant’s evidence of being employee accepted. Applicant employed by respondent. UNJUSTIFIED DISMISSAL: Fair and reasonable employer could not have concluded accident applicant’s fault so no serious misconduct. Respondent failed to sufficiently investigate, raise concerns with applicant, give applicant opportunity to comment and genuinely consider applicant’s explanation.
REMEDIES: No contributory conduct. Respondent to pay applicant $8,965 reimbursement of lost wages. $1,000 compensation appropriate. ARREARS OF WAGES: In absence of respondent, applicant’s evidence regarding arrears accepted as proved. Respondent to pay applicant $1,400 arrears of wages.
Result: Applications granted ; Reimbursement of lost wages ($8,965.68) ; Compensation for humiliation etc ($1,000) ; Arrears of wages ($1,400) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
Main Category: Personal Grievance
Reported In: Unrep
Statutes: ERA s103A(3) ; ERA s124 ; ERA s128 ; Accident Compensation Act 2001 s113(5)
Number of Pages: 7
PDF File Link: Download PDF