| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 55 |
| Hearing date | 12 Mar 2013 |
| Determination date | 14 March 2013 |
| Member | D Appleton |
| Representation | O Volkova (in person) ; No appearance |
| Location | Christchurch |
| Parties | Volkova v Wilson Print Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Respondent not notified of grievance until applicant lodged statement of problem - UNJUSTIFIED DISMISSAL - Poor Performance - Applicant claimed unjustifiably dismissed by respondent - 90 day trial period - No notice - ARREARS OF WAGES AND HOLIDAY PAY- Applicant sought arrears of wages and holiday pay - No appearance for respondent - Graphic designer |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Statement of problem indicated to respondent applicant was raising grievance. Grievance raised within 90 days.; UNJUSTIFIED DISMISSAL: Applicant already employed by respondent when trial period agreed to. Respondent cannot rely on trial period to avoid obligations. Respondent failed to follow fair procedure. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $10,080 reimbursement of lost wages. $5000 compensation appropriate.;ARREARS OF WAGES: Respondent to pay applicant $840 arrears of wages and $757 arrears of holiday pay. |
| Result | Applications granted; Reimbursement of lost wages ($10,080); Compensation for humiliation etc ($5,000); Arrears of wages ($840); Arrears of holiday pay ($757.92); No order for costs; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s67A - ERA s67B - ERA s67B(1) - ERA s103A - ERA s103A(3)(a) - ERA s103A(3)(b) - ERA s103A(3)(c) - ERA s103A(3)(d) - ERA s114(1) - ERA s114(2) - ERA s124 - ERA s160 - ERA s173(2) - A s173(3) - Holidays Act 2003 s23 |
| Cases Cited | Premier Events Group Ltd v Beattie (No 3) [2012] NZEmpC 79;Smith v Stokes Valley Pharmacy (2009) Ltd [2010] ERNZ 253 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Christchurch_55.pdf [pdf 189 KB] |