| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 88 |
| Hearing date | 29-Jul-15 |
| Determination date | 07 September 2015 |
| Member | Trish MacKinnon |
| Representation | G Rogerson (in person) ; no appearance |
| Location | Whanganui |
| Parties | Rogerson v Trenowa Holdings Ltd t/a Blockbuster Video |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably disadvantaged due to being forced to take annual leave and unjustifiably dismissed – Whether applicant accepted final payslip as final and final settlement - ARREARS OF WAGES – Applicant sought arrears of wages for unpaid bonuses – No appearance for respondent – Shop manager |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant sufficiently notified respondent of grievance by telling respondent of intention to file grievance. Grievances raised within 90 days.;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant had sufficient leave to take leave when told and during school holidays. No unjustified disadvantage. Applicant entitled to final pay. Respondent not permitted to prohibit applicant from foregoing statutory right to take personal grievance in exchange for giving applicant agreed remuneration. Respondent did not tell applicant of decision to close place of work before doing so, so respondent failed to consult with applicant and allow applicant opportunity to comment and have views taken into account. Dismissal unjustified. REMEDIES: No contributory conduct. $6,000 compensation appropriate.;ARREARS OF WAGES: Employment agreement provided for bonuses to be paid to applicant. Respondent failed to pay some bonuses. Respondent to pay applicant arrears of wages, quantum to be determined. |
| Result | Applications granted (raising personal grievance)(unjustified dismissal)(arrears of wages) ; Compensation for humiliation etc ($6,000) ; Arrears of wages (quantum to be determined) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s114;ERA Second Schedule cl 12;Holidays Act 2003 s18(3);Holidays Act 2003 s19;Wages Protection Act 1983;Wages Protection Act 1983 s4 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Wellington_88.pdf [pdf 183 KB] |