| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 47 |
| Hearing date | 19 Feb 2013 |
| Determination date | 22 April 2013 |
| Member | M Ryan |
| Representation | R Mills (in person) ; P Stobbart |
| Location | Wellington |
| Parties | Mills v AV Services (1994) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustifiably dismissed by respondent - 90 day trial period – No written employment agreement – Purported ‘gentleman’s agreement’ applicant would be employed on trial period – Performance concerns – Aggressive behaviour – Applicant blamed for not waking up respondent’s director when director slept through alarm – Alleged bullying – Applicant sought mediation to resolve issues – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Deductions from wages – Applicant alleged to have used fuel card without authorisation – Applicant alleged to have been overpaid – Facilities Manager/ Audio-visual Technician/ Sales Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Final wording of trial period provision not agreed prior to applicant beginning employment. Applicant not given opportunity to seek advice. Trial period provision unenforceable. Performance concerns not properly put to applicant. Applicant not given advance notice that dismissal possible. Respondent did not have reasonable substantive grounds to dismiss applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $12,000 reimbursement of lost wages. $6,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant’s entitlements had earlier been paid. Deductions from applicant’s wages unauthorised. Respondent to pay applicant $230 arrears of wages. |
| Result | Applications granted ; Reimbursement of lost wages ($12,000) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($230.89) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;ERA s103A(2);ERA s103A(3);ERA s128(2);ERA s128(3);ERA s174;Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5;Wages Protection Act 1983 s5(1);Wages Protection Act 1983 s6(2);Wages Protection Act 1983 s6(3) |
| Cases Cited | Amatal Fishing Co Ltd v Morunga [2002] 1 ERNZ 692;Angus v Ports of Auckland Ltd (No 2) (2011) 9 NZELR 40;Blackmore v Honnick Properties Ltd [2011] ERNZ 445;Smith v Stokes Valley Pharmacy (2009) Ltd [2010] ERNZ 253;Trotter v Telecom Corp of New Zealand Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 15 |
| PDF File Link: | 2013_NZERA_Wellington_47.pdf [pdf 222 KB] |