| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 146 |
| Hearing date | 4-Jul-17 |
| Determination date | 04 September 2017 |
| Member | C Hickey |
| Representation | L Pennal (in person) ; no appearance |
| Location | Christchurch |
| Parties | Pennal v Leroy and Ors |
| Other Parties | Jamison Investments Ltd, Tyre Recycling Services New Zealand Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – UNJUSTIFIED DISMISSAL – Summary Dismissal – Applicant claimed unjustifiably dismissed by respondent – COSTS – Applicant sought contribution to costs |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant’s description as contractor in the Employment Agreement (“EA”) does not give definitive proof of his legal status. Nothing in EA suggested applicant was a contractor. Provisions in the EA provide for paid annual leave and public holidays. The applicant was entitled to paid sick leave and bereavement leave. The EA also included a provision in relation to abandonment. Applicant employee. UNJUSTIFIED DISMISSAL: Respondent’s breaches of statutory obligations were more than minor and resulted in unfair treatment. No fair process was engaged concerning applicants work performance. Respondent arranged meeting to discuss issues which never occasioned. Fair and reasonable employer could not have reached decision to dismiss. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $6,391 reimbursement of lost wages. COSTS: Successful personal grievance claim. Appropriate to apply daily tariff. Less than one day investigation meeting. Second respondent to pay applicant $750 contribution towards costs |
| Result | Applications granted ; Reimbursement of lost wages ($6,391) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(3);ERA s128(2) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Christchurch_146.pdf [pdf 109 KB] |