| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 60 |
| Hearing date | 30 Jan 2013 |
| Determination date | 20 February 2013 |
| Member | R Larmer |
| Representation | M Harrison ; J Traynor |
| Location | Hamilton |
| Parties | Johansen v Mormilk Farm Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by warnings and unjustifiably dismissed by respondent - Poor timekeeping - Continually late to work - Unexplained absences from work - Falling asleep - PARENTAL LEAVE - Applicant claimed respondent breached Parental Leave and Employment Protection Act 1987 (PLEPA) by pressuring applicant to return from parental leave early - Applicant claimed disadvantaged by deterioration in employment relationship following request for parental leave - RECOVERY OF MONIES - Applicant sought recovery of monies for cleaning and repairs to farm accommodation - Applicant sought recovery of monies for cost of grazing cows on farm after employment ended - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - Dairy worker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Warnings did not follow disciplinary process. No allegations put to applicant so no opportunity for applicant to respond. Applicant unjustifiably disadvantaged by warnings. Applicant contributed to situation by being continually late and failing to attend work so not equitable to award applicant remedy for unjustified disadvantaged. Respondent unable to rely on warnings because implemented in procedurally unfair manner. No graduated warning process. Applicant dismissed by text message with no opportunity to respond. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $500 compensation appropriate.;PARENTAL LEAVE: Applicant failed to give notice to respondent. Unable to be satisfied on balance of probabilities applicant ever applied for parental leave.;RECOVERY OF MONIES: Applicant to pay respondent's mother $431 reimbursement of monies for cleaning costs. No recovery of monies for repairs or grazing costs.;ARREARS OF HOLIDAY PAY: Respondent to pay applicant $329 arrears of holiday pay. |
| Result | Applications partially granted; Contributory conduct (50%); Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($500); Arrears of holiday pay ($329.80); Recovery of monies ($ 431.25); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s124 - ERA s128(2) - Parental Leave and Employment Protection Act 1987 - Parental Leave and Employment Protection Act 1987 s31 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_60.pdf [pdf 192 KB] |