| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 196 |
| Hearing date | 18 Apr & 14 Jun 2016 (2 days) |
| Determination date | 16 June 2016 |
| Member | Tania Tetitaha |
| Representation | PA Jones (in person) ; GE Milne |
| Location | Kerikeri |
| Parties | Jones v Kauri Point Farm Park Ltd & Anor |
| Other Parties | Ohaeawai Nursery Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by being reprimanded and harassed – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Nursery coordinator |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Employment agreement named second respondent as employer. First respondent managed payroll and named employer on IRD records. Parties confirmed first respondent not intended to be employer. Applicant employed by second respondent.;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant not instructed to give out IR330 forms to employees and resulted in one employee substantially worse off. Second respondent entitled to negatively comment on actions. Second respondent’s comment inappropriate but did not meet tests for racial or general harassment. Applicant did not suffer hurt or detriment. No unjustified disadvantage. Second respondent’s future uncertain due to bacterial disease affecting rootstock. Respondents did not give instruction to return to work. Applicant’s employment terminated by agreement or emailed resignation. Dismissal justified.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant not owed wages for week not worked. Holiday pay shortfall offset from two days’ sick leave taken in advance. Sick leave amount greater than difference of holiday pay shortfall. No arrears. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b);ERA s109 |
| Cases Cited | Colosimo v Parker (2007) 8 NZELC 98,622 (EmpC);Hutton v Provencocadmus Ltd (in Rec) [2012] NZEmpC 207;Isaac v Chief Executive of The Ministry of Social Development ERA Auckland AA200/08, 5 June 2008;McDonald v Ontrack Infrastructure Ltd [2010] NZEmpC 132, [2010] ERNZ 223;Mehta v Elliott [2003] 1 ERNZ 451 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_196.pdf [pdf 227 KB] |