| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 100 |
| Hearing date | 15 Dec 2011 |
| Determination date | 20 March 2012 |
| Member | D King |
| Representation | A Hale ; R Nathaniel |
| Location | Auckland |
| Parties | Hale v Professional Property and Cleaning Services Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Applicant transferred employment to respondent from previous cleaning company – Applicant attended meeting about standard of cleaning and additional training was provided – Applicant claimed unable to log in to time tracking system after returning to work from annual leave – Applicant sent text message to Contract Manager (“A”) to say unable to log in – Applicant claimed again unable to log in or out and text A but received no response – Applicant claimed asked to be contacted on landline because could not receive phone calls on mobile but did not receive call – Applicant claimed again experienced same problems – A contacted applicant to say pay had not gone through and applicant said pin not working – Applicant claimed told would be subject to disciplinary action if continued not to log in or out – Respondent could not find any problems with system – Applicant invited to meeting – Applicant did not attend meeting and went on sick leave – Applicant claimed felt very intimidated and uncomfortable about continuing to work for respondent – Applicant’s mother contacted respondent about unpaid wages – Applicant invited to another meeting – Applicant requested maternity leave – Applicant went on further sick leave – Authority found respondent reluctant to accept could be problem with system – Found respondent’s reluctance understandable given other staff could use system – Found unlikely applicant deliberately failed to log in and out – Found respondent did investigate matter – Found while not being paid wages on time constituted disadvantage, unclear why that happened – Found insufficient evidence of disadvantage – No disadvantage – Cleaner |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_100.pdf [pdf 20 KB] |