| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 121 |
| Hearing date | 8 Feb 2013 |
| Determination date | 10 April 2013 |
| Member | J Crichton |
| Representation | M Beech, E Smith ; no appearance |
| Location | Tauranga |
| Parties | Carrothers v Harrisons Fine Art Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by suspension and respondent’s failure to provide applicant employment agreement following promotion- Applicant claimed unjustifiably dismissed by respondent – Respondent used shareholders meeting to criticise performance of applicant – Pre-prepared letter of criticisms – Respondent claimed applicant consumed alcohol at work, falsified time sheets and misappropriated funds - Alleged conflict of interest and theft - Applicant refused to attend subsequent meetings due to stress – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay– COSTS – Applicant sought contribution towards costs - No appearance for respondent - Managing Director |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant not disadvantaged by respondent’s failure to provide employment agreement. Inappropriate for respondent to disguise disciplinary meeting as shareholder meeting. Respondent should have given applicant advance notice of criticisms. Criticisms not investigated. No evidence of wrongdoing. Reasonable for applicant to refuse to attend additional meetings due to nature of initial meeting. No substantive basis on which a fair and reasonable employer could have concluded suspension or dismissal appropriate. Applicant unjustifiably disadvantaged by suspension. Dismissal unjustified. REMEDIES: Respondent to pay applicant $31,833 reimbursement of lost wages. $15,000 compensation appropriate;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $6,500 arrears of wages and holiday pay.;COSTS: Length of investigation meeting not specified. Respondent to pay applicant $5,890 contribution towards costs. |
| Result | Applications granted; Reimbursement of lost wages (31,833.50); Compensation for humiliation etc ($15,000); Arrears of wages and holiday pay ($6,500); Costs in favour of applicant ($5,890.67) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A – ERA s124 |
| Cases Cited | Allen v Transpacific Industries Group Ltd (t/a Medismart Ltd") (2009) 6 NZELR 530;Smith v McCulloch & Partners [2003] 1 ERNZ 346;Timu v Waitemata District Health Board [2007] ERNZ 419" |
| Number of Pages | 18 |
| PDF File Link: | 2013_NZERA_Auckland_121.pdf [pdf 209 KB] |