| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 115 |
| Hearing date | 20 Nov 2012 |
| Determination date | 04 April 2013 |
| Member | A Dumbleton |
| Representation | H Burdon ; A Gower |
| Parties | La Roche v Victory Enterprises Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by warnings, respondent’s actions concerning meetings, reduction of hours and suspension – Conduct and performance concerns – Applicant claimed given inadequate notice of meetings and details of allegations or matters to be discussed – Whether applicant permanent part time employee or casual employee – Applicant required to work weekends and school holidays – Applicant told to work certain day or risk employment – No written employment agreement – Applicant asked to sign defective employment agreement – COSTS – Applicant sought contribution towards costs – Cinema attendant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Applicant permanent part time employee. Respondent had some grounds for conducting disciplinary meeting and issuing warning but did not do so fairly. Respondent called meetings with almost no notice or indication what meeting about and no reasonable opportunity for applicant to address multitude of matters raised. Applicant unjustifiably disadvantaged by warnings, respondent’s actions concerning meetings, reduction of hours and suspension. REMEDIES: Not possible to assess degree of applicant’s contributory conduct. Respondent entitled to repayment of loan made to applicant. Respondent to pay applicant $2,011 reimbursement of lost wages. $1,000 compensation appropriate.;COSTS: Less than one day investigation meeting. No reason to depart from notional daily tariff. Respondent to pay applicant $3,000 contribution towards costs. |
| Result | Application granted ; Reimbursement of lost wages ($2,011.20) ; Compensation for humiliation etc ($1,000) ; Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ECA;ERA s103A;ERA s103A(3) |
| Cases Cited | Hose v Webb [2012] NZERA Auckland 162;Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_115.pdf [pdf 134 KB] |