| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 127 |
| Hearing date | 14-Jul-16 |
| Determination date | 11 October 2016 |
| Member | M Loftus |
| Representation | S Dodunski ; A Noblejas |
| Location | New Plymouth |
| Parties | Millar v Five Pillars Ltd t/a Port View Rest Home |
| Summary | UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay - Nurse |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent dismissed applicant by putting applicant onto unpaid leave to rectify performance deficiency. Respondent did not assist applicant or confirm continuation of employment when applicant enquired. Respondent failed to comply with procedural fairness requirements. Lack of resources does not excuse deficiencies. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $14,560 reimbursement of lost wages. $6,000 compensation for humiliation etc. appropriate.ARREARS OF HOLIDAY PAY: Respondent improperly reduced applicant’s leave balance and therefore applicant not paid full amount owed on termination of employment. Respondent to pay applicant $6,720 arrears of holiday pay. |
| Result | Application granted ; Reimbursement of lost wages ($14,560) ; Compensation for humiliation etc ($6,000) ; Arrears of holiday pay ($6,720) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERAs 103A(5) ; ERA s124 ; ERA s128(2) ; Holidays Act s19(2) |
| Cases Cited | Allied Investments v Guise [2015] NZEmpC 181 ; Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971 (EmpC) ; Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152, [2013] ERNZ 326 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Wellington_127.pdf [pdf 168 KB] |