| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 245 |
| Hearing date | 13-Aug-15 |
| Determination date | 13 August 2015 |
| Member | Anna Fitzgibbon |
| Representation | S Leaftley ; D Luiten |
| Location | Whangarei |
| Parties | Laurie v Plants North Ltd and Anor |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Florist |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Applicant never agreed to change in employer from first respondent to second respondent. Applicant never offered or given employment agreement with second respondent. Second respondent had obligation to provide applicant with individual employment agreement (“IEA”) and obtain agreement if intended to be employer. Applicant employed by first respondent.;UNJUSTIFIED DISMISSAL: Reason for redundancy not genuine. Respondent breached good faith obligations by failing to consult with applicant about impending dismissal. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $4,723 reimbursement lost wages. $10,000 compensation for humiliation etc appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant not entitled to payment for alternative holiday, insufficient evidence. Applicant only paid two weeks wages in lieu of notice but entitled to four weeks. Respondent to pay applicant $726 arrears of wages and $3,931 arrears of holiday pay. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($4,723.88) ; Compensation for humiliation etc ($10,000) ; Application partially granted (arrears of wages and holiday pay) ; Arrears of wages ($726.75) ; Arrears of holiday pay ($3,931.50) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1)(c);ERA s103A(1);ERA s103A(2);ERA s123(1)(c)(i);ERA s128(3);ERA s174 |
| Cases Cited | Wellington City Council v Rasch [1995] 2 ERNZ 91 (CA) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_245.pdf [pdf 234 KB] |