| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 100/02 |
| Hearing date | 10 Sep 2002 |
| Determination date | 15 October 2002 |
| Member | P Cheyne |
| Representation | R Davidson ; DA Nimmo |
| Location | Christchurch |
| Parties | McBrearty v Allan Nimmo and Marjory Nimmo t/a Merivale Rest Home and Hospital |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed - Alleged discrimination for claiming benefit under employment agreement and Holidays Act 1981 - Alleged day in lieu payment owed for working statutory holiday - Informed all entitlements included in hourly rate - Heated discussion - Respondent reduced hours to zero - Action amounted to dismissal - Dismissal unjustified - Remedies - Minor contributory conduct taken into account in assessment of remedies - ARREARS OF HOLIDAY PAY - Oral agreement - Alleged non-payment of holiday pay - Asserted hourly rate inclusive of holiday pay - No evidence applicant agreed to inclusive rate - Arrears claim established - PENALTY - Failure to provide written employment agreement - Breach contrary to spirit of ERA - Penalty appropriate - COSTS - 3 hour investigation meeting - Matter factually and legally uncomplicated - Reasonable contribution appropriate - Nurse |
| Result | Application granted ; Reimbursement of lost wages ($2,186.25) ; Compensation for humiliation etc ($4,000) ; Arrears of holiday pay ($231) ; Penalty ($200)(Payable to Crown) ; Costs in favour applicant ($820) |
| Statutes | ERA s64(2);ERA s65 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |