| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 151 |
| Hearing date | 16 Oct 2013;19 Nov 2013 |
| Determination date | 25 November 2013 |
| Member | P R Stapp |
| Representation | R Ward ; R Watling |
| Location | Palmerston North |
| Parties | Stuart v M & L Management Ltd (formerly Direct Freight Management Ltd) |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to return log book and unjustifiably dismissed by respondent – No written employment agreement – Applicant guaranteed minimum 40 hours work per week – Whether applicant pressured to not take breaks and “doctor” drivers’ log book – Whether applicant called “idiot” – Applicant took time off to address toothache – Applicant not offered further work – Whether applicant dismissed – PENALTY – Applicant sought penalties for respondent’s breach of good faith and failure to provide safe work place – Applicant claimed respondent breached good faith by failing to provide copy of employment agreement, payslips, proof of PAYE deductions and failing to provide for KiwiSaver – Whether applicant entitled to payment for time on ferries – COSTS – Applicant sought contribution towards costs - Line haul/delivery driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Insufficient evidence to establish unjustified disadvantage. Calling applicant “idiot” not malicious or purposely disparaging. No unjustified disadvantage. Respondent’s concerns not put to applicant. Applicant dismissed without reason, inquiry or fair process. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $9,405 reimbursement of lost wages. $5,000 compensation appropriate.;PENALTY: No evidence applicant took matters up with respondent. Failure to provide employment agreement particular breach of Employment Relations Act 2000 with own remedy. Insufficient detail to prove applicant’s claims. No penalty.;COSTS: Less than one day investigation meeting. Applicant entitled to costs based on notional daily tariff. Applicant offered to settle. Respondent responsible for extra costs incurred. Respondent to pay applicant $2,000 contribution towards costs. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($9,405.76) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Applications dismissed (unjustified disadvantage)(penalty) |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s63A(3);ERA s66;Health and Safety in Employment Act 1992 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_151.pdf [pdf 109 KB] |