| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 340 |
| Hearing date | 12 Aug 2014 |
| Determination date | 18 August 2014 |
| Member | E Robinson |
| Representation | G Norris-Palmer ; G Swanepoel |
| Location | Whangarei |
| Parties | McDermott v McDermott Transport and Excavation Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably disadvantaged by meeting and unjustifiably dismissed by respondent - Family relationship - Alleged applicant discussed respondent's personal relationships - Gossiping - Whether applicant dismissed or resigned - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Notice period - COUNTERCLAIM - INJUNCTION - Respondent sought return of mobile phone - COUNTERCLAIM - RECOVERY OF MONIES - Respondent sought recovery of monies for car alarm purchase and installation - Whether repayments made - Labourer and driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant dismissed. No evidence allegations against applicant investigated. No consultation. Family and employment relationship closely combined but respondent required to be fair and reasonable employer. Dismissal unjustified. Applicant dismissed during meeting. No separate grievance for unjustified disadvantage arising from meeting. No unjustified disadvantage. REMEDIES: No contributory conduct. $7,260 reimbursement of lost wages. $6,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to pay in respect of notice period, unpaid wages and holiday pay. Respondent to pay applicant $3,352 arrears of wages and holiday pay.;COUNTERCLAIM - INJUNCTION: Insufficient evidence as to ownership of mobile phone. Application for injunctive relief declined.;COUNTERCLAIM - RECOVERY OF MONIES: Applicant ordered to provide definitive proof monies paid to respondent. Leave reserved for parties to revert to Authority. |
| Result | Applications granted (unjustified dismissal)(arrears of wages and holiday pay); Reimbursement of lost wages ($7,260); $6,000 compensation appropriate; Arrears of wages and holiday pay ($3,352.12); Orders made; Applications dismissed (unjustified disadvantage)(counterclaim- injunction); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s124 |
| Cases Cited | Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 February 1994, WEC3/94 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_340.pdf [pdf 200 KB] |