| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 24 |
| Hearing date | 18 Feb 2015 |
| Determination date | 27 February 2015 |
| Member | H Doyle |
| Representation | M Henderson ; G Downing |
| Location | Nelson |
| Parties | Wright v Reilly |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether valid 90 day trial period - Applicant dismissed following back injury - RECOVERY OF MONIES - Applicant sought recovery of annual leave deducted from wages - Applicant agreed to play golf at respondent's request but did not realise annual leave would be used - Applicant sought recovery of amount deducted for administration fee and wet weather gear - Farm manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Applicant commenced work prior to signing agreement containing 90 day trial period. 90 day trial period invalid. No procedure followed. Dismissal unjustified. REMEDIES: Respondent to pay applicant $9,759 reimbursement of lost wages and $1,600 reimbursement for other money lost. $9,000 compensation appropriate. $780 compensation for loss of holiday pay benefit appropriate. $300 compensation for loss of accommodation benefit appropriate. Interest payable.;RECOVERY OF MONIES: Respondent should have informed applicant annual leave would be deducted so applicant could make informed choice. Respondent to pay applicant $223 recovery of monies. No right to deduct monies for administration fee. Respondent to pay applicant $150 recovery of monies. Interest payable. Applicant's claim relating to wet weather gear late. Applicant not entitled to recovery of monies deducted for all wet weather gear but respondent conceded no gumboots supplied so applicant entitled to recovery relating to gumboots. Respondent to pay applicant $105 recovery of monies. |
| Result | Applications granted; Reimbursement of lost wages ($9,759.10); Reimbursement of other money lost ($1,600)(removal and storage costs); Compensation for humiliation etc ($9,000); Compensation for loss of benefit ($780.73)(holiday pay)($300)(accommodation); Interest (5%); Recovery of monies ($223.08)(annual leave)($150)(administration fee)($105)(gumboots); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s6;ERA s67A;ERA s67B;ERA s103A;ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s124;ERA Second Schedule cl11 |
| Cases Cited | Blackmore v Honick Properties [2011] ERNZ 445 (EmpC);Nathan Gunning v Bankrupt Vehicle Sales and Finance Ltd [2013] NZEmpC 212;Simmons v Collins Stainless Steel fabricators Ltd [2011] NZERA Auckland 330;Wholesale Distributors Ltd v Gibbons Holdings Ltd [2007] NZSC 37 |
| Number of Pages | 15 |
| PDF File Link: | 2015_NZERA_Christchurch_24.pdf [pdf 248 KB] |