| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 84 |
| Hearing date | 4 Jun 2015 |
| Determination date | 25 June 2015 |
| Member | J Crichton |
| Representation | A Ogilvie ; J Gu |
| Location | Christchurch |
| Parties | Nee v Best Health Products Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages - PENALTY – GOOD FAITH - Applicant sought penalty for respondent’s failure to provide wage and time records and breach of good faith by failing to pay salary at increased level – Sales manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant only provided with information relevant to own role. Restructuring for genuine financial reasons, although respondent badly run. No evidence of predetermination of outcome. Respondent provided sufficient relevant information to applicant, gave applicant opportunity to comment and tried to engage applicant in consultation process. No unjustified dismissal.ARREARS OF WAGES: Applicant back paid salary increase of 5%. Applicant entitled to bonus payments for business recruitments. Applicant not entitled to bonus payments for Auckland sign-ups. Respondent to pay applicant $625 arrears of wages.PENALTY: Respondent’s conduct incompetent rather than in bad faith. Applicant repeatedly tried to get wage and time records from respondent during employment. Respondent needed to be encouraged to pay attention to employer obligations and needs of employees. $2,500 penalty appropriate. |
| Result | Applications granted (arrears of wages)(penalty) ; Arrears of wages ($625) ; Penalty ($2,500)(payable to applicant) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Rittson-Thomas t/a Totara Hills Harm v Davidson [2013] NZEmpC 39, [2013] ERNZ 55 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Christchurch_84.pdf [pdf 187 KB] |