| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 441 |
| Hearing date | 17 Oct 2014 |
| Determination date | 29 October 2014 |
| Member | J Crichton |
| Representation | J Wright-St Clair (in person) ; P Van Berlo |
| Location | Hamilton |
| Parties | Wright-St Clair v Corcel Corporation Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by manner in which respondent represented applicant’s departure and respondent’s failure to service business created by applicant adequately – ARREARS OF WAGES – Applicant sought arrears of wages – Deductions from final pay – COUNTERCLAIM – INJUNCTION – Respondent sought injunction requiring deletion of confidential material on cell phone used by applicant – Business development manager Australasia |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Issues identified by applicant consistent with words used in e-mail raising grievance. Grievance raised within 90 days.;UNJUSTIFIED DISADVANTAGE: Respondent behaved properly in simply recording that applicant had left employment after resigning. No direct connection between respondent’s failure to deliver on business created by applicant and applicant’s reputation. No unjustified disadvantage.;ARREARS OF WAGES: Applicant’s employment agreement entitled respondent to make deductions from wages for money owed to respondent by applicant. Respondent entitled to make deduction for cost of fixing cigarette burn in company car. No evidence to suggest applicant advised of any difficulties with applicant’s work and unfair to allow deduction for damage to sander belts. Respondent entitled to make deduction for disconnection cost of cell phone used by applicant. Respondent to pay applicant $441 arrears of wages.;COUNTERCLAIM – INJUNCTION: Cell phone belonged to applicant. Applicant to have any confidential material on cell phone deleted and provide certificate confirming deletion. Application for injunctive relief granted. |
| Result | Applications granted (raising personal grievance)(arrears of wages)(counterclaim – injunction) ; Arrears of wages ($441.60) ; Orders made ; Application dismissed (unjustified disadvantage) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_441.pdf [pdf 2.4 MB] |