| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 150 |
| Hearing date | 5-Aug-16 |
| Determination date | 06 September 2016 |
| Member | D Appleton |
| Representation | B Nevell ; M Mason |
| Location | Christchurch |
| Parties | Dryden and Anor v Mason Dairies Ltd |
| Other Parties | Watson |
| Summary | UNJUSTIFIED DISADVANTAGE – DISCRIMINATION – UNJUSTIFIED DISMISSAL – Dismissal – Applicants claimed respondent discriminated against applicant on ground of sex – Applicants claimed unjustifiably disadvantaged by unfair bargaining – Applicants claimed unjustifiably dismissed by respondent – Whether valid 90 day trial period – RECOVERY OF MONIES – Applicants sought recovery of costs incurred – Farm assistant |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE – DISCRIMINATION – UNJUSTIFIED DISMISSAL: Applicants’ inconsistencies in evidence insufficient to prove allegation. No discrimination. Applicants expedited respondent to sign employment agreements to obtain WINZ grants. No unfair bargaining. No unjustified disadvantage. Applicants not subject to valid trial period. Parties intended second applicant permanent employee. Respondent dismissed applicants prior to starting work. Respondent communicated second applicant’s dismissal via first applicant. No procedural fairness. Dismissals unjustified. REMEDIES: No contributory conduct. Respondent to pay first applicant $8,750 reimbursement of lost wages. $7,000 compensation for humiliation etc appropriate. $900 compensation for loss of accommodation benefit appropriate. Respondent to pay second applicant $14,280 reimbursement of lost wages. $10,000 compensation for humiliation appropriate. $1,575 compensation for loss of accommodation benefit appropriate.;RECOVERY OF MONIES: First applicant made decision to forfeit course related costs. No evidence first applicant purchased work clothes. First applicant’s bed purchased with WINZ grant. Applicants shared travel costs. Respondent to pay applicants $118 recovery of monies. |
| Result | Applications granted (unjustified dismissal)(recovery of monies) ; Reimbursement of lost wages ($8,750)(first applicant)($14,280)(second applicant) ; Compensation for humiliation etc ($7,000)(first applicant)($10,000)(second applicant) ; Compensation for loss of benefit ($900)(first applicant)($1,575)(second applicant) ; Recovery of monies ($59.20)(first applicant)($59.20)(second applicant) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A;ERA s67A;ERA s67B;ERA s69;ERA s103(1)(c);ERA s103A;ERA s104;ERA s105;ERA s105(1)(a);ERA s123;ERA s123(1)(c)(i);ERA s124;ERA s128;Human Rights Act 1993 s2(1) |
| Cases Cited | Blackmore v Honick Properties Ltd [2011] NZEmpC 152 |
| Number of Pages | 21 |
| PDF File Link: | 2016_NZERA_Christchurch_150.pdf [pdf 305 KB] |