| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 215 |
| Hearing date | 2 Dec 2014 |
| Determination date | 22 December 2014 |
| Member | H Doyle |
| Representation | R Thompson ; no appearance |
| Location | Christchurch |
| Parties | Botting v Nomis Painters And Decorators Ltd and Anor |
| Other Parties | Johannis |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by warnings and unjustifiably dismissed by first respondent - Applicant raised concerns PAYE and student loan deducted from wages but not forwarded to IRD - Warnings relating to applicant's attitude and diligence - Applicant made redundant without consultation - PENALTY - Applicant sought penalty against second respondent for aiding and abetting breaches of Wages Protection Act 1987 - COSTS - Applicant sought $3,500 contribution towards costs - No appearance for respondents - Paint hand |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Attitude and diligence subjective assessments. No evidence from respondent as to why view reached. No process prior to warnings. Applicant treated unfairly. Second warning received after employment ended so applicant could not be disadvantaged in employment. Applicant unjustifiably disadvantaged by first warning. Significant procedural failings. No genuine reason for redundancy. Evidence suggested respondent annoyed at applicant making enquiries about pay. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,980 reimbursement of lost wages. $10,000 compensation appropriate.;PENALTY: Not appropriate to award penalty in addition to personal grievance remedies. No penalty.;COSTS: Less than one day investigation meeting. respondent to pay applicant $1,750 contribution towards costs |
| Result | Application granted (unjustified disadvantage - unjustified dismissal); Reimbursement of lost wages ($1,980); Compensation for humiliation etc ($10,000); Application dismissed (penalty); Costs in favour of applicant ($1,750); Disbursements in favour of applicant ($71,56) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s103A(3);ERA s134(2);Wages Protection Act 1987 |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Christchurch_215.pdf [pdf 194 KB] |