| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 153 |
| Hearing date | 26 Nob 2013 |
| Determination date | 26 November 2013 |
| Member | G J Wood |
| Representation | K Coley ; No appearance |
| Location | Palmerston North |
| Parties | Robinson v Goshen Holdings Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy – Applicant claimed unjustifiably disadvantaged by respondent’s failure to follow fair redundancy process and pay out notice period and unjustifiably dismissed by respondent – Respondent lost subcontract - Applicant paid lesser temporary agreed rate – Applicant provided with letter of redundancy after wages stopped – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COSTS – Applicant sought contribution towards costs - No appearance for respondent – Foreman truck driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Redundancy genuine. Applicant never saw letter prior to redundancy. No consultation or notice paid. Respondent not fair and reasonable. Applicant unjustifiably disadvantaged by respondent’s failure to consult or provide notice as required by employment agreement. Dismissal unjustified. REMEDIES: No contributory conduct. $4,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $2,025 arrears of wages and $15,693 arrears of holiday pay.;COSTS: Less than one day investigation meeting. Little preparation required. Respondent to pay applicant $1,500 contribution towards costs. |
| Result | Applications granted ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($2,025) ; Arrears of holiday pay ($15,693.75) ; Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA second schedule cl12 |
| Number of Pages | 3 |
| PDF File Link: | 2013_NZERA_Wellington_153.pdf [pdf 89 KB] |