| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 539 |
| Hearing date | 15 Oct 2013 |
| Determination date | 25 November 2013 |
| Member | G J Wood |
| Representation | P Bevan (in person) ; M Armstrong |
| Location | Auckland |
| Parties | Bevan v Greenwave Energy Saving Solutions Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – Whether redundancy genuine – Respondent previously engaged legal counsel to make employee redundant - Respondent offered settlement package to applicant - ARREARS OF WAGES – Applicant sought arrears of wages – Commission – Whether respondent failed to enrol applicant in KiwiSaver scheme - COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of monies overpaid to applicant - Business development manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent not successful financially. Redundancy genuine. Applicant given no forewarning of redundancy. Applicant not treated fairly and reasonably. Respondent should have been aware of obligations. Respondent failed to follow process set out in previous employee’s case. Applicant unjustifiably disadvantaged by respondent's actions. Dismissal unjustified. REMEDIES: No contributory conduct. $5,000 compensation appropriate. Respondent to pay applicant $3,076 reimbursement of lost wages.;ARREARS OF WAGES: Applicant not entitled to commission on all sales. Commission owing reduced by respondent's overpayments. Applicant entitled to commission. Respondent required to enrol applicant in KiwiSaver. Respondent to pay applicant $2,686 arrears of wages and $1,753 arrears of KiwiSaver contributions.;RECOVERY OF MONIES: Respondent overpaid applicant. Overpayments offset by applicant's commission entitlement. No recovery of monies. |
| Result | Applications granted ; Compensation for humiliation etc ($5,000) ; Reimbursement of lost wages ($3,076.92) ; Arrears of wages ($2,686.92) ; Arrears of KiwiSaver ($1,753.84) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c) - ERA s103A - Kiwisaver Act 2006 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_539.pdf [pdf 173 KB] |