| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 200 |
| Hearing date | 28-Mar-17 |
| Determination date | 11 July 2017 |
| Member | N Craig |
| Representation | T van der Merwe (in person) ; P Watson |
| Location | Auckland |
| Parties | Van Der Merwe v Rollerflex Ltd & Anor |
| Other Parties | Ciganek |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – DISCRIMINATION - Redundancy – Applicant claimed unjustifiably disadvantaged by being told that position to be disestablished - Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unlawful discrimination of basis of sex - ARREARS OF WAGES – Applicant sought arrears of wages – RECOVERY OF MONIES – Applicant sought recovery of phone and car expenses – Sales representative |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL - DISCRIMINATION: Respondent’s director (“D”) only told applicant of possibility that position would be disestablished. D tried to correct applicant’s misunderstanding about dismissal. Applicant chose on principle not to return. No dismissal. No unjustified disadvantage. Applicant failed to establish differential treatment on basis of sex. No discrimination.;ARREARS OF WAGES: Respondent did not pay applicant after telling applicant to take some time off. Applicant should have been paid after being told to have time off. Respondent to pay applicant $243 arrears of wages. Applicant entitled to be paid commission. Parties directed to resolve commission issue.;RECOVERY OF MONIES: Applicant did not claim specific amount for car expenses and could not estimate distance travelled in own car for work business. Insufficient evidence to make finding about reimbursement of car expenses. Applicant should have been paid for top ups for own phone so it could be used for work. Respondent to pay applicant $200 recovery of monies. |
| Result | Application granted (arrears of wages)(recovery of monies) ; Arrears of wages (quantum to be determined) ; Recovery of monies ($200) ; Applications dismissed (unjustified disadvantage)(unjustified dismissal)(discrimination) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s174E |
| Cases Cited | New Zealand Cards Ltd v Ramsay [2012] NZEmpC 51 ; Post Office Union v Telecom (Wellington) Ltd [1989] 3 NZILR 527 (LC) |
| Number of Pages | 16 |
| PDF File Link: | 2017_NZERA_Auckland_200.pdf [pdf 208 KB] |