| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 57 |
| Hearing date | 15-Dec-14 |
| Determination date | 23 February 2015 |
| Member | James Crichton |
| Representation | RM Flett (in person) ; M Quigg |
| Location | Auckland |
| Parties | Flett v Higgins Coating Pty Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to respond to health and safety concerns and unjustifiably dismissed by respondent – Misrepresentation of qualifications – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Painter |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL : Respondent properly engaged with applicant over health and safety concerns and took appropriate steps to minimise rise. No disadvantage. Applicant did not have necessary skills for role and was aware of that. Applicant’s employment agreement (“EA”) provided the disciplinary action can result if representations are false. EA required employee to perform duties. Applicant and respondent agreed to termination of employment at meeting. Dismissal justified.;ARREARS OF WAGES AND HOLIDAY PAY : Applicant owed money for final week’s work. Respondent to pay applicant arrears of wages and holiday pay, quantum to be determined |
| Result | Application granted (arrears of wages and holiday pay); Arrears of wages and holiday pay (quantum to be determined) ; Application dismissed (unjustified disadvantage - unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Auckland_57.pdf [pdf 166 KB] |