| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 263 |
| Hearing date | 28 - 29 May 2013 |
| Determination date | 21 June 2013 |
| Member | E Robinson |
| Representation | A Taylor ; A Singh |
| Location | Hamilton |
| Parties | Hoffman v Edwards |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide paid parental leave, not being provided with an employment agreement and being paid holiday pay on ‘pay as you go’ basis – Applicant claimed unjustifiably dismissed by respondent – Seasonal worker – Whether continuing employment offered – Whether employment casual – Whether respondent unhappy with applicant’s pregnancy – Respondent sought medical information – Whether applicant refused to perform tasks – PENALTY – Applicant sought penalties for respondent’s failure to provide employment agreement and breach of Holidays Act 2003 – ARREARS OF WAGES – Applicant sought arrears of wages – Whether applicant paid below minimum wage – Farm assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant permanent employee. Discussions between applicant and respondent tense. Termination of employment unilateral. No acceptable procedural steps followed. Dismissal unjustified. Applicant not entitled to paid parental leave. Applicant should not have been paid holiday pay on ‘pay as you go’ basis but applicant paid full entitlement to holiday pay. Respondent did not intend to issue employment agreement. Applicant unjustifiably disadvantaged by failure to provide employment agreement. REMEDIES: No contributory conduct. Respondent to pay applicant $2,200 reimbursement of lost wages. Interest payable. $1,000 compensation appropriate.;PENALTY: Applicant should not have been paid holiday pay on ‘pay as you go’ basis. Respondent’s breach neither flagrant nor deliberate. No penalty for respondent’s breach of Holidays Act 2003. $1,000 penalty appropriate for respondent’s failure to provide employment agreement.;ARREARS OF WAGES: Applicant paid below minimum wage during certain period. Respondent to pay applicant $311 arrears of wages. |
| Result | Applications granted ; Reimbursement of lost wages ($2,200) ; Interest (5%) ; Compensation for humiliation etc ($1,000) ; Penalty ($500)(payable to Crown)($500)(payable to applicant) ; Arrears of wages ($311.04) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s69ZD(4);ERA s103A;ERA s124;ERA Second Schedule cl11;Holidays Act 2003 s28;Judicature Act 1908;Judicature (Prescribed Rate of Interest) Order 2011;Parental Leave and Employment Protection Act 1987;Parental Leave and Employment Protection Act 1987 s7 |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 17 |
| PDF File Link: | 2013_NZERA_Auckland_263.pdf [pdf 233 KB] |