| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 132 |
| Hearing date | 20-Sep-16 |
| Determination date | 03 November 2016 |
| Member | M Ryan |
| Representation | J Sebastian ; G Bakker |
| Location | Wellington |
| Parties | Fellowes v Bakker Motels Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed by respondent - Whether applicant casual employee - Motel cleaner |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Housekeeping work is fundamental to business. Work is foreseeable. Applicant worked every week. Hours were variable but pattern was continuous and sufficiently predictable. Methodology of scheduling demonstrated mutual obligation to work. Applicant permanent employee. Respondent failed to put reasons for dismissal to applicant and allow opportunity to comment. Dismissal substantively and procedurally unfair. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,995 reimbursement of lost wages. $4,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($1,995.84) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(3) - ERA s124 - ERA s128(2) - Holidays Act 2003 s50(1)(a) |
| Cases Cited | Barnes v Whangarei Returned Services Association (Inc) [1997] ERNZ 626 (EmpC);Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC) |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Wellington_132.pdf [pdf 237 KB] |