| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 138 |
| Hearing date | 26/05/2016 |
| Determination date | 22 August 2016 |
| Member | Christine Hickey |
| Representation | K Murray; D Beck |
| Location | Christchurch |
| Parties | Mooar v Pennylane Records Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably disadvantaged by failure to work out notice period – Applicant claimed unjustifiably dismissed by respondent – PENALTY – GOOD FAITH - Applicant sought penalty for respondent’s failure to provide written employment agreement, failure to provide wages and time records and breach of good faith – Store manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Redundancy for genuine reasons. Respondent made genuine attempt to consult, but failed to provide relevant financial information regarding need for redundancy and proper opportunity for applicant to provide feedback. Dismissal unjustified. Respondent unilaterally withdrew offer for applicant to work notice period. Applicant unjustifiably disadvantaged. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $4,000 compensation appropriate.PENALTY – GOOD FAITH: Respondent failed to provide wages and time record on request but breach inadvertent and remorse expressed. Respondent’s failure to provide relevant information not deliberate. Respondent admitted failure to provide written employment agreement. Breach serious and affected applicant’s understanding of situation surrounding redundancy. Breach one-off. Need for deterrence. $1,000 penalty appropriate. |
| Result | Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($4,000) ; Penalty ($1,000)(payable to Crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s65 ; ERA s128 ; ERA s174E |
| Cases Cited | Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494 ; Scarborough v Micron Securities Products Ltd [2015] NZEmpC 39 ; Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 |
| Number of Pages | 19 |
| PDF File Link: | 2016_NZERA_Christchurch_138.pdf [pdf 221 KB] |