| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 51 |
| Hearing date | 29-Jan-16 |
| Determination date | 29 April 2016 |
| Member | Michael Loftus |
| Representation | J Murphy ; T Hesketh |
| Location | Palmerston North |
| Parties | Hills v Triple SSS Ltd & Anor |
| Other Parties | Jay & Bee (2006) Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by failure to provide written employment agreement – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages – Unlawful deductions |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Second respondent paid applicant and operated premises at which applicant worked. Manager who supervised applicant and participated in disciplinary process worked for second respondent. Applicant employed by second respondent.;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant not given written employment agreement when asked but failed to provide evidence of harm caused. No unjustified disadvantage. Respondent alleged applicant dismissed for giving keys to unauthorised staff and discrepancies with gaming floats. Concerns about discrepancies not raised with applicant at time of dismissal. Respondent also took into account actions of applicant’s partner when dismissing applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,196 reimbursement of lost wages. $6,000 compensation appropriate.;ARREARS OF WAGES: Applicant did not consent to deductions made from wages. Respondent to pay applicant $998 arrears of wages. |
| Result | Applications granted ; Reimbursement of lost wage ($2,196.40) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($998.55) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s128;Holidays Act 2003 s28A(1);Wages Protection Act 1983 s5(1) |
| Cases Cited | Barnes v Whangarei Returned Services Association (Inc) [1997] ERNZ 626 (EmpC);George v Auckland Council [2013] NZEmpC 179, [2013] ERNZ 675;Rainbow Falls Organic Farm Ltd v Rockell [2014] NZEmpC 136, [2014] ERNZ 275 |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Wellington_51.pdf [pdf 179 KB] |