| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 242 |
| Hearing date | 11-12 Feb 2013;15 Feb 2013 |
| Determination date | 11 June 2013 |
| Member | T G Tetitaha |
| Representation | B Quarrie ; R Mark |
| Location | Whangarei |
| Parties | Rockell v Rainbow Falls Organic Farm Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably dismissed by respondent – Applicant managed non-horned dairy herd – Horned cattle introduced – Applicant concerned about injuries – Applicant dehorned cattle despite instruction not to do so – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant took holidays – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of monies for loss of production, stock losses and repairs - Farm manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Instruction not to dehorn cattle variation of applicant’s contractual obligations. Applicant lacked skills to manage horned herd. Performance reviews should have occurred to review whether applicant had requisite skill. Instruction not reasonable in circumstances. Applicant unjustifiably dismissed. REMEDIES: Dehorning cattle cruel and caused unnecessary suffering. 100% Contributory conduct.;ARREARS OF WAGES AND HOLIDAY PAY: Wage and time records confirmed applicant did not take holidays or statutory holidays. No dispute regarding days applicant worked. Burden on respondent to ensure wage and time records accurate. Respondent to pay applicant $42,793 arrears of wages.;COUNTERCLAIM – RECOVERY OF MONIES: Evidence of loss insufficient. No breach of contract. |
| Result | Applications granted (unjustified dismissal)(arrears of wages and holiday pay) ; Contributory conduct (100%) ; Arrears of wages and holiday pay ($42,793.12) ; Application dismissed (counterclaim - recovery of monies) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(2) – ERA s103A(3) - ERA s103A(5) – ERA s124 - ERA s128(2) – ERA s130 – ERA s131 - Holidays Act 1981 s81 |
| Cases Cited | Goodfellow v Building Connexion Ltd [2010] NZEmpC 82;Makatoa v Restaurant Brands (NZ) Ltd [1999] 2 ERNZ 311;New Zealand Printing and Related Trades IUOW v Clark and Matheson Ltd [1984] ACJ 283;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Wellington, Taranaki and Marlborough Clerical, Administrative and Related Workers IUOW v College Group Ltd [1984] ACJ 315 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_242.pdf [pdf 242 KB] |