| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 251 |
| Hearing date | 28 May 2013;10 Jun 2013 |
| Determination date | 13 June 2013 |
| Member | R Larmer |
| Representation | K Fayen ; W Hung |
| Location | Auckland |
| Parties | Price-Brennan v Jireh Auto Tyres Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Whether applicant employed for fixed-term – Whether written employment agreement – Alleged smoking outside, and walking around talking instead of working – Applicant received multiple warnings – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Trainee |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Employment agreement not provided with Statement in Reply. Applicant never saw employment agreement. No employment agreement. Statutory requirements for fixed-term agreements not complied with. Employment not fixed-term. Summary dismissal not appropriate response to performance concerns. Warnings unilaterally issued without prior investigation or disciplinary process. Applicant given no opportunity to comment on concerns. Warnings could not be relied upon to justify dismissal. Respondent did not provide all relevant information. Respondent breached good faith. Dismissal unjustified. REMEDIES: 10 per cent contributory conduct. Respondent to pay applicant $4,374 reimbursement of lost wages. $4,500 compensation appropriate.;ARREARS OF HOLIDAY PAY: Applicant took some paid time off work. Respondent to pay applicant arrears of holiday pay, quantum to be determined. Leave reserved for parties to return to Authority if unable to determine applicant’s holiday pay entitlement. |
| Result | Applications granted ; Contributory conduct (10%) ; Reimbursement of lost wages ($4,374) ; Compensation for humiliation etc ($4,500) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4(1A);ERA s66;ERA s66(2);ERA s66(3);ERA s66(4);ERA s66(6);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s124;ERA s128(2);Holidays Act 2003;Holidays Act s23(2) |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_251.pdf [pdf 240 KB] |