| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 17 |
| Hearing date | 21-Jan-16 |
| Determination date | 09 February 2016 |
| Member | Michael Loftus |
| Representation | B McDonnell ; J Kinzett (in person) |
| Location | Wellington |
| Parties | Henare v Kinzett and Anor |
| Other Parties | Traditional Candy Company Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer - UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Sending away |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: WINZ held out first respondent as employer to applicant, although records stated second respondent employer. Employment agreement stated first respondent employer. No suggestion that first respondent signed agreement on behalf of second respondent. Applicant employed by first respondent.;UNJUSTIFIED DISMISSAL: Respondent told applicant to leave after finding out that applicant had applied for other jobs. Respondent told applicant she would get final pay and holiday pay. Respondent sent applicant away. Applicant did not resign, and even if she had, respondent could not accept resignation under such circumstances, given heightened emotions. Respondent failed to investigate concerns properly, having regard to available resources, and raised concerns with applicant in only minimal way, after dismissing applicant. Applicant not given opportunity to respond. Dismissal unjustified. REMEDIES: No contributory conduct. First respondent to pay applicant $7,410 reimbursement of lost wages. $3,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($7,410) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s128(2) |
| Cases Cited | Campbell v Commissioner of Salford School [2015] NZEmpC 122;Hall v Dionex Pty Ltd [2015] NZEmpC 29;Kostic v Odd EC Christchurch CC14/07, 11 July 2007;Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152, [2013] ERNZ 326 |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Wellington_17.pdf [pdf 183 KB] |