| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 124 |
| Hearing date | 26/07/2016 |
| Determination date | 01 August 2016 |
| Member | David Appleton |
| Representation | B Lewis (In person); A Kennett (In Person) |
| Location | Christchurch |
| Parties | Lewis v Anne Kennett t/a Annies Cleaning Service |
| Summary | PRACTICE AND PROCEDURE - Admissibility of evidence - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably disadvantaged by respondent’s actions - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES - Applicant sought arrears of wages and holiday pay |
| Abstract | AUTHORITY FOUND -PRACTICE AND PROCEDURE: Evidence submitted after investigation meeting. Evidence irrelevant to current proceedings. Evidence inadmissible.UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Unjustified disadvantage claims raised out of time. No unjustified disadvantage. Respondent told applicant ‘don’t bother’ coming into work the next day. Words did not amount unequivocally to a dismissal. Respondent fundamentally breached duty of trust by failing to contact applicant to clarify situation. Breach amounted to repudiation of contract which applicant accepted. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,729 reimbursement of lost wages. $2,500 compensation appropriate.ARREARS OF WAGES: Although applicant’s hours varied there was regularity of work. Applicant not casual employee. Applicant should have been paid for three days spent waiting for respondent to contact her. Applicant not paid for sick leave and public holidays. Respondent to pay applicant $259 arrears of wages and $259 arrears of holiday pay. $2,500 compensation appropriate. |
| Result | Reimbursement of lost wages ($1,729.80) ; Compensation for humiliation etc ($2,500) ; Arrears of wages ($259.47) ; Arrears of holiday pay ($259.47) ; Disbursements in favour of respondent ($71.56)(filing fee) ($5.20)(photocopying) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4 - ERA s4(1A(b) - ERA s103 - ERA s103A - ERA s114 - ERA s124 - Holidays Act 2003 s49 |
| Cases Cited | E N Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 (CA);Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC);Principal of Auckland College of Education v Hagg [1997] 2 NZLR 537 (CA);Ngawharau v Porirua Whanau Centre Trust [2015] NZEmpC 89;Rheinberger v Huxley Marketing Pty Ltd (1996) 67 IR 154 (IRC);Sharpe v MCG Group Pty Ltd [2010] FWA 2357;Wellington, Taranaki and Marlborough Clerical IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) [1983] ACJ 965 |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Christchurch_124.pdf [pdf 202 KB] |