| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 137 |
| Hearing date | 14 Aug 2014 |
| Determination date | 03 September 2014 |
| Member | D Appleton |
| Representation | P de Wattignar ; N Rutherford |
| Location | Dunedin |
| Parties | Vidgen v A Step Up Joinery Ltd |
| Summary | UNJUSTIFIED DISADVANTAGED - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by respondent requiring applicant to take lunch breaks away from work station and unjustifiably dismissed by respondent - Applicant claimed requirement to take breaks away from desk harassment - Restructure - Notified of disestablishment during sick leave - ARREARS OF WAGES - Applicant sought arrears of wages - Notice pay - Accounts manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent required applicant to take breaks away from desk as concerns for health and safety. No harassment. Respondent's method little heavy handed and should have consulted with applicant but applicant overreacted which resulted in rapid breakdown in communication and the relationship. While change in working practice disadvantage to applicant, no unjustified disadvantage. Genuine and material need for respondent's restructure. Procedure significantly flawed to point non-existent. Dismissal unjustified. REMEDIES: No contributory conduct. $2,907 reimbursement of lost wages. $7,000 compensation appropriate.;ARREARS OF WAGES - Respondent did not make clear to applicant requirement to return to work after medical certificate for sick leave expired to work notice period. Respondent to pay applicant arrears of wages, quantum included in reimbursement of lost wages. |
| Result | Applications partially granted; Reimbursement of lost wages ($2,907.68); Compensation for humiliation etc ($7,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s69ZE;ERA s69ZE(1)(a);ERA s103A;ERA s124 |
| Number of Pages | 15 |
| PDF File Link: | 2014_NZERA_Christchurch_137.pdf [pdf 263 KB] |