| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 354 |
| Hearing date | 20 Jun 2013 - 5 Aug 2013 (2 days) |
| Determination date | 09 August 2013 |
| Member | E Robinson |
| Representation | G Bennett ; C Sharp (in person) |
| Location | Auckland |
| Parties | Whaanga v Sharp Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant worked from home - Respondent concerned about way applicant carried out work - Restructure - Respondent refused to postpone meeting when applicant sick - Whether applicant dismissed or resigned - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - COUNTERCLAIM - INJUNCTION - Respondent sought return of respondent's property - Respondent clamed applicant retained two cellphones and laptop belonging to respondent |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: No genuine reason for redundancy. No fair and proper process followed. Applicant dismissed by respondent so no need to determine constructive dismissal claim. Dismissal unjustified. REMEDIES: No contributory conduct. $2,500 compensation appropriate.;ARREARS OF HOLIDAY PAY: Applicant responsible for time and wages as payroll clerk. Applicant paid cashing-up entitlement in excess of holiday pay owing. Applicant responsible for this payment and did not suffer loss. No arrears of holiday pay.;COUNTERCLAIM - INJUNCTION: Applicant retained one cellphone but returned laptop - Other cellphone gift from respondent. Applicant ordered to return retained cellphone to respondent. |
| Result | Application granted (unjustified dismissal)(counterclaim - injunction); Compensation for humiliation etc ($2,500); Application dismissed (arrears of holiday pay); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 - ERA s4(1A)(c) - ERA s103A - Holidays Act 2003 s28A(2)(b) |
| Cases Cited | Allen v Transpacific Industries Group Ltd (t/aMedismart Ltd) (2009) 6 NZELR 530" |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_354.pdf [pdf 256 KB] |