| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 132 |
| Hearing date | 9 Dec 2014 |
| Determination date | 19 December 2014 |
| Member | P R Stapp |
| Representation | R Pattiaratchi ; no appearance |
| Location | New Plymouth |
| Parties | Ngatai v Paramed Ambulance Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably disadvantaged by unilateral change to applicant's duties and pay and unjustifiably dismissed by respondent - Respondent called applicant to meeting about performance - Applicant not allowed support person - Applicant informed telemarketing manager role no longer needed and applicant would be contacted once new employment agreement ready - Respondent failed to contact applicant - ARREARS OF WAGES - Applicant sought arrears of wages - Respondent required applicant to change duties - Method of payment changed to piece rates - Applicant not paid wages as agreed in parties employment agreement - COSTS - Applicant sought $2,761 contribution towards costs - No appearance for respondent - Telemarketing manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Change of duties never part of agreed terms. No consultation with applicant about new duties. New duties resulted in less pay. Applicant unjustifiably disadvantaged by unilateral variation of duties and pay. Employment ceased at initiative of respondent. Decision made to change role without providing applicant opportunity to comment. Respondent made no attempt to follow up proposal for new employment agreement. Dismissal unjustified. REMEDIES: Respondent to pay applicant $17,000 reimbursement of lost wages. $5,000 compensation appropriate.;ARREARS OF WAGES: No time and wage records provided by respondent. No formal written variation of employment agreement allowing imposition of new terms on applicant. Respondent to pay applicant $15,922 arrears of wages.;COSTS: Less than one day investigation meeting. Respondent to pay applicant $2,448 contribution towards costs. |
| Result | Application granted; Reimbursement of lost wages ($17,000); Compensation for humiliation etc ($5,000); Arrears of wages ($15,922.39); Costs in favour of applicant ($2,488); Disbursements in favour of applicant ($160)(professional process server) (filing fee)($71.56) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3) |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Wellington_132.pdf [pdf 105 KB] |