| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 70 |
| Hearing date | 7 Mar 2013 |
| Determination date | 12 June 2013 |
| Member | M Ryan |
| Representation | G Ogilvie ; K Cobb (in person) |
| Parties | Taurerewa v Cobb |
| Summary | JURISDICTION – Whether applicant employed by respondent – Respondent took over cleaning contract – Respondent advised that applicant wished to transfer employment from previous holder of cleaning contract – Respondent sole trader – Respondent advised would be performing duties without assistance - UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Cleaner |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant protected employee under Part 6A Employment Relations Act 2000. Clear applicant elected to transfer employment to respondent. Applicant employed by respondent.;UNJUSTIFIED DISMISSAL: Respondent’s failure to accept statutorily imposed employment relationship repudiation of employment agreement. Omission to engage in discussion with applicant fell short of required procedural fairness. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $3,276 reimbursement of lost wages. $262 compensation for loss of holiday pay benefit appropriate. $3,000 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($3,276) ; Compensation for loss of benefit ($262.08)(holiday pay) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s69(2)(a);ERA Part 6A;ERA Part 6A Subpart 1;ERA s69B;ERA s69C(4);ERA s69F(1);ERA s69I;ERA s69I(1);ERA s69I(2)(b);ERA s69I(3);ERA s103A;ERA s103A(3);ERA s103A(4);ERA s103A(5);ERA s128;ERA s128(2);ERA Schedule 1A |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_70.pdf [pdf 174 KB] |