| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 26 |
| Hearing date | 20-Apr-17 |
| Determination date | 20 April 2017 |
| Member | M Loftus |
| Representation | K Coley ; no appearance |
| Location | Palmerston North |
| Parties | Duncan v Palmerston North Scrap Metals Ltd |
| Summary | JURISDICTION – Whether Authority had jurisdiction to hear and determine applicant's personal grievance – 90 day trial period – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent –- ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – COSTS – Applicant sought contribution towards costs – No appearance for respondent – Truck Driver |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant not subject to a valid trial period.;UNJUSTIFIED DISMISSAL: No compliance with statutory requirements. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,632 reimbursement of lost wages. $8,000 compensation appropriate.;ARREARS OF HOLIDAY PAY: Respondent to pay applicant $816 arrears of holiday pay.;COSTS: Less than one day investigation meeting. Appropriate to award costs equivalent to half daily tariff. Respondent to pay applicant $2000 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($6,632) ; Compensation for humiliation etc ($8,000) ; Arrears of holiday pay ($816) ; Costs in favour of applicant ($2000) ; Disbursements in favour of applicant ($247.25)(filing fee and document server) |
| Main Category | Personal Grievance |
| Statutes | Companies Act s 192(1) ; EAR r16(3)(iii) ; ERA s67A ; ERA s 67B ; ERA s128(2) ; ERA s124 |
| Cases Cited | Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665 (CA);Smith v Stokes Valley Pharmacy (2009) Ltd [2010] ERNZ 253 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Wellington_26.pdf [pdf 166 KB] |