| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 61 |
| Hearing date | 28 May 2013 |
| Determination date | 28 May 2013 |
| Member | P R Stapp |
| Representation | P Meads ; No apperance |
| Location | Palmerston North |
| Parties | Meads v Kereru Investments Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Applicant sought to join respondent’s director as party – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Grievance raised by filing statement of problem – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Respondent informed applicant of two incidents allegedly warranting suspension without pay – Applicant suspended – First incident before employment agreement provided – Applicant requested to remain on pay – Whether first incident still unresolved – Applicant indicated willingness to cooperate with investigation – Applicant proposed mediation – Respondent did not respond – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Applicant confirmed in letter employed by respondent. Employment agreement named respondent as employer. Applicant understood respondent was employer. Applicant employed by respondent. Application to join respondent’s director as party late and not proper for director to be joined without being put on notice and given opportunity to reply. Other enforcement actions could be pursued. Leave reserved for applicant to apply to Authority to join director in future.;RAISING PERSONAL GRIEVANCE: Understandable that applicant would file statement of problem in Authority due to respondent not replying. Grievance raised within 90 days.;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: First incident resolved at time. No good cause for suspension. Suspension unlawful. Respondent failed to sufficiently investigate. Applicant given no opportunity to respond to concerns. Applicant not given findings. No evidence respondent considered applicant’s explanation. Applicant unjustifiably disadvantaged by suspension. Reasonable for applicant to believe dismissed when respondent failed to respond to applicant’s requests and failed to pay outstanding wages and holiday pay. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,744 reimbursement of lost wages. $1,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $1,159 arrears of wages and $272 arrears of holiday pay. |
| Result | Applications granted (raising personal grievance)(unjustified disadvantage – unjustified dismissal)(arrears of wages and holiday pay); Reimbursement of lost wages ($6,744) ; Compensation for humiliation etc ($1,000) ; Arrears of wages ($1,159) ; Arrears of holiday pay ($272) ; Application dismissed (practice and procedure) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl 12;ERA Second Schedule cl15 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_61.pdf [pdf 112 KB] |