| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 15 |
| Hearing date | 30 Oct 2012 |
| Determination date | 31 January 2013 |
| Member | G J Wood |
| Representation | J W Howell ; R Narayan |
| Location | Wellington |
| Parties | Struthers v NRG Home Electrical Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged during meeting with manager and unjustifiably dismissed by respondent – Whether applicant falsified timesheets – Whether applicant failed to follow instructions – Whether applicant entitled to claim for travel time to work – Refusal to sign amended employment agreement – Respondent’s manager stated if applicant did not agree to amended employment agreement parties may have to “agree to part” ways – Dispute – Suggested mediation – ARREARS OF WAGES – Applicant sought arrears of wages – Whether applicant entitled to be paid time and a half for overtime – Whether applicant guaranteed 40 hours’ work per week – Ventilation system electrician |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Manager’s comments at meeting indicated manager’s attitude but did not constitute warning or unjustified disadvantage. No unjustified disadvantage. Applicant’s position in dispute with respondent genuine and no fair and reasonable employer could have concluded applicant guilty of serious misconduct. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $12,220 reimbursement of lost wages. $8,000 compensation appropriate.;ARREARS OF WAGES: Applicant not guaranteed 40 hours’ work per week. Payment of time and a half for overtime had occurred for three months and became term of applicant’s employment. Applicant entitled to be paid at time and a half for overtime worked. Applicant not entitled to claim payment for travel time. Respondent to pay applicant $646 arrears of wages. |
| Result | Applications granted (unjustified dismissal)(arrears of wages) ; Reimbursement of lost wages ($12,220) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($646.26) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(4);ERA s103A(5) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) (2011) 9 NZELR 40;Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Wellington_15.pdf [pdf 213 KB] |