ERA not convinced farm worker dismissed

Claims from an Oamaru farm worker that he had been unjustifiably sacked from his job have been rejected because the Employment Relations Authority (ERA) was not convinced the man had been dismissed at all.

A dispute for unjustified dismissal was brought to the ERA by Dale Franklin, who claimed he had been dismissed from CW Ludwig Ltd on January 28.

However, the company claimed Mr Franklin left of his own volition after he was told his two dogs were a ''nuisance'' because they had killed poultry at the farm and would have to be removed from accommodation provided by the company for Mr Franklin. The company claimed he then left work and did not return.

Mr Franklin held that when a chicken was found dead and the dogs accused of killing it, both he and his dogs had been told to leave and not return.

ERA member Michael Loftus ruled that although there had been a short and ''civilised'' conversation between both parties regarding the removal of the dogs, Mr Franklin was not dismissed during the conversation, nor was he dismissed at a later point, before a solicitor's letter claiming unfair dismissal was received on January 31.

''Mr Franklin has failed to convince me he was dismissed, let alone unjustifiably.''


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