| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 207 |
| Hearing date | 27 Jun 2013 |
| Determination date | 04 October 2013 |
| Member | M B Loftus |
| Representation | A Sharma ; K Chapman |
| Location | Nelson |
| Parties | Ward v Soper t/a Sophisticutz |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant’s hours reduced – Whether reduction temporary – Applicant asked via text message to attend meeting on day off – Applicant accompanied by mother – Applicant made redundant – Respondent alleged applicant frequently absent – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Respondent offset sick leave against applicant’s annual leave entitlement – PENALTY – Applicant sought penalties for respondent’s failure to communicate and provide written employment agreement – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of overpayment made to applicant – Intermediate hairdresser |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Decision to terminate applicant’s employment made before meeting. Respondent failed to comply with statutory obligations. No opportunity for applicant to offer alternatives to redundancy. Situation not as dire as respondent suggested. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4,387 reimbursement of lost wages. $7,500 compensation appropriate.;ARREARS OF HOLIDAY PAY: Applicant required to request sick leave be converted to annual leave. Respondent to pay applicant arrears of holiday pay, quantum to be determined. Leave reserved for parties to return to Authority if unable to determine quantum.;PENALTY: Respondent’s failure to be communicative not sufficiently serious for applicant to challenge at time. No evidence of wilful and repeated failure to provide employment agreement. No penalty.;COUNTERCLAIM – RECOVERY OF MONIES: No recovery of monies. |
| Result | Applications granted (unjustified dismissal)(arrears of holiday pay) ; Reimbursement of lost wages ($4,387.50) ; Compensation for humiliation etc ($7,500) ; Arrears of holiday pay (quantum to be determined) ; Applications dismissed (penalty)(counterclaim – recovery of monies) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4(1A)(c);ERA s103A;ERA s124;ERA s128(2);ERA s130(1);ERA s132;Holidays Act 2003 s39(2);Holidays Act 2003 s39(2)(a) |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd (No 2) (2011) 9 NZELC 93,655 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Christchurch_207.pdf [pdf 170 KB] |