| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 8 |
| Hearing date | 23 Dec 2014 |
| Determination date | 29 January 2015 |
| Member | P R Stapp |
| Representation | T Hesketh ; B Jones, L Jones |
| Location | Palmerston North |
| Parties | Spencer v BD and LC Jones Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant casual employee - Sickness during pregnancy - Health and safety - PENALTY - Applicant sought penalty for respondent's failure to retain written employment agreement (EA") - Sole charge customer service operator" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant's hours regular although varied from shift to shift each week. Applicant's employment would have ceased with introduction of self service payment system but no proper fixed term agreement. Applicant's employment ongoing. Applicant did not have access to all information such as alleged complaints or concerns from customers and other employees. Concerns not detailed in writing sufficiently for applicant to respond. Applicant should have been advised of right to get advice and have representation. Fair and reasonable employer could have requested medical details about applicant's health to assess any impact on health and safety. Respondent not set up by applicant in order to obtain paid parental leave. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,581 reimbursement of lost wages. $2,000 compensation appropriate.;PENALTY: Failure to have individual EA containing required terms deliberate decision for respondent's convenience to minimise risk of applicant becoming aware of rights. Claim for penalty had to be brought by Labour Inspector. No penalty. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($1,581.25) ; Compensation for humiliation etc ($2,000) ; Application dismissed (penalty) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s64(4);ERA s65(4);ERA s103A(3) |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Wellington_8.pdf [pdf 2.9 MB] |