Identification failure by clerical union

Press, 2 June 1982, Page 4

Identification failure by clerical union

'A claim for penalty and compensation fpr a dismissed worker was dismissed by the Arbitration Court yesterday because the Canterbury Clerical Workers Union failed to prove that' the’ defendant company was the employer of the dismissed employee. The union sought $lOO penalty against Christchurch Car Sales, Ltd, and sought an order from the Court for

compensation to be paid to the employee, Mrs Joan Payne, for the loss of her job. ' But Mr C. B. Atkinson, counsel for the defendant company, submitted that there was no evidence that Christchurch Car Sales, Ltd, was the employer and that Mrs Payne in her evidence had said that she was employed by Worcester Holdings, Ltd, which handled the financing of car sales for Christchurch Car Sales, Ltd. Mrs Payne said in evidence that she had been dismissed in May last year after being employed as a finance clerk. The reason given for her dismissal was that she was being paid for a 40-hour week while working only 35 hours a week and that if that situation continued other staff would want similar conditions. The union submitted that the dismissal was unjustified and in breach of the Industrial Relations Act, section 150 (d), which makes it an offence for an employer to dismiss an employee for trying to obtain the benefits of an award. Judge N. P. Williamson

said that the union had to prove beyond reasonable doubt that the defendant company was in fact the employer. Judge Williamson said that some of the evidence about the identity of the employer was confusing, but the applicant union had not proved that Christchurch Car Sales, Ltd, was the employer and the Court had no option but to dismiss the application. Messrs P. L. Oldham and D. Jacobs were on the bench with Judge Williamson. The advocate for the union, Mr M. Smith, told the Court that the union wouldprobably refile the application. It had come as a surprise to the union to hear from its witness that she was employed by Worcester Holdings, Ltd, not Christchurch Car Sales, Ltd.