| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 123 |
| Hearing date | 21/07/2016 |
| Determination date | 26 July 2016 |
| Member | David Appleton |
| Representation | R Thompson; T Twomey |
| Location | Christchurch |
| Parties | Robinson v Gillon & Maher Plumbing Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by no bonus payment – COMPLIANCE ORDER – Applicant sought compliance with bonus payment – PENALTY – GOOD FAITH – Respondent sought penalty for breach of employment agreement and good faith – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of payment for drainage work – Services manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Parties agreed applicant would receive bonus. No clear terms agreed upon. Bonus unenforceable by reason of uncertainty. Fair and reasonable employer would have communicated with applicant about decision to question bonus. Applicant unjustifiably disadvantaged by no communication about bonus. Applicant not unjustifiably disadvantaged by no bonus payment. REMEDIES: No contributory conduct. $5,000 compensation for humiliation etc appropriate.;COMPLIANCE ORDER: No bonus payment, no question of arrears. Application dismissed.;PENALTY – GOOD FAITH: Respondent did not deliberately breach employment agreement but deliberately chose not to communicate bonus concerns. Not necessary and inappropriate to impose penalty. No penalty.;COUNTERCLAIM – RECOVERY OF MONIES: Respondent’s invoice addressed to trust, not applicant. Employment relationship not necessary component of drainage work. No jurisdiction to investigate claim. No recovery of monies. |
| Result | Application granted (unjustified dismissal) ; Compensation for humiliation etc ($5,000) ; Applications dismissed (compliance order)(penalty)(counterclaim – recovery of monies) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s5;ERA s103A(2);ERA s123(1)(c)(i);ERA s124;ERA s134 |
| Cases Cited | Electricity Corporation of New Zealand Ltd v Fletcher Challenge Energy Ltd [2002] 2 NZLR 433 (CA);Investors Compensation Scheme Ltd v West Bromwich Building Society [1997] UKHL 28;JP Morgan Chase Bank NA v Lewis [2015] NZCA 255, [2015] 3 NZLR 618;New Zealand Professional Firefighters Union v New Zealand Fire Service Commission [2011] NZEmpC 149;Progressive Meats Ltd v Pohio [2012] NZEmpC 103 |
| Number of Pages | 21 |
| PDF File Link: | 2016_NZERA_Christchurch_123.pdf [pdf 226 KB] |