| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 98 |
| Hearing date | 23-Mar-17 |
| Determination date | 19 June 2017 |
| Member | H Doyle |
| Representation | S Zindel, A Goodison ; I Duncan |
| Location | Nelson |
| Parties | Sexton v Manuka Hill 2003 Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Unlawful deductions – UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably disadvantaged by being required to pay for power - Applicant claimed unjustifiably dismissed by respondent – Farm manager |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Respondent deducted 4 days from applicant’s annual leave when applicant sick, not rostered on and working. Applicant owed respondent for items bought using company account, but respondent deducted money without authorisation. Respondent entitled to deduct money from wages for power. Parties directed to resolve any problems with amount deducted.;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Employment agreement required applicant to pay for power. Parties reached agreement that applicant did not have to pay for power in first year of employment but no further agreement made. No unjustified disadvantage. Respondent made decision to dismiss before making final plan for restructuring and failed to consult adequately with applicant. Respondent failed to identify redeployment opportunity before decision to dismiss made. Dismissal unjustified. REMEDIES: No contributory conduct. $5,000 compensation for humiliation appropriate. Respondent to pay applicant $1,000 compensation for moving costs. |
| Result | Applications granted ; Compensation for humiliation etc ($5,000) ; Compensation for moving costs ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA ; s103A ; ERA s132 ; Holidays Act 2003 s36 ; Holidays Act 2003 s38 ; Holidays Act 2003 s75 ; Holidays Act 2003 s76(1) ; Holidays Act 2003 s81 ; Wages Protection Act 1983 s4 ; Wages Protection Act 1983 s5 |
| Cases Cited | Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494;Jonas v Menefy Trucking Ltd [2013] NZEmpC 200, [2013] ERNZ 651 |
| Number of Pages | 16 |
| PDF File Link: | 2017_NZERA_Christchurch_98.pdf [pdf 263 KB] |