| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 130 |
| Hearing date | 6 Aug 2014 |
| Determination date | 28 August 2014 |
| Member | M B Loftus |
| Representation | A Oberndorfer ; D Beck |
| Location | Christchurch |
| Parties | Hogeboom and Anor v Kershevin Farms Ltd |
| Other Parties | Raumaewa |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicants claimed unjustifiably dismissed by respondent - Whether applicants refused to engage in process - PENALTY - GOOD FAITH - Applicants sought penalty for respondent's failure to consult in good faith - ARREARS OF WAGES AND HOLIDAY PAY - Applicants sought arrears of wages and holiday pay - RECOVERY OF MONIES - Applicants sought recovery of monies for wet weather gear purchased - COUNTERCLAIM - RECOVERY OF MONIES - Respondent sought recovery of monies for damage to equipment and cleaning costs - Farm managers |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Lack of evidence redundancy genuine. Applicants replaced shortly after departure. Applicants aware of difficulties but attributed problems to respondent's tardiness in paying creditors opposed to an inability to do so. No evidence of any discussion about substantive merits of restructure proposal. Applicants did not refuse to engage but rather postponed to obtain legal advice. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicants $137 reimbursement of lost wages each. $5000 compensation appropriate for each applicant.;PENALTY - GOOD FAITH - Penalty not appropriate as respondent's failure integral to finding dismissal unjustified and remedies for grievance sufficient and appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: No supporting evidence of claims. No arrears of wages or holiday pay.;RECOVERY OF MONIES: No evidence expenditure actually incurred. Applicants still have benefit of owning equipment. Applicants accepted providing own equipment. No recovery of monies.;COUNTERCLAIM - RECOVERY OF MONIES: No evidence expenses incurred. No validity in claims. No recovery of monies. |
| Result | Applications partially granted; Reimbursement of lost wages ($137.36)(first applicant) ($137.36)(second applicant); Compensation for humiliation etc ($5,000)(first applicant) ($5,000)(second applicant); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c)ERA s103A;ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s124;ERA s128(2) |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;Jinkinson v Oceania Gold (NZ) Ltd (No 2) [2010] NZEmpC 102 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Christchurch_130.pdf [pdf 288 KB] |