| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 101 |
| Hearing date | 11-Apr-17 |
| Determination date | 06 October 2017 |
| Member | Michele Ryan |
| Representation | B Laracy ; P Gerard |
| Location | Wellington |
| Parties | Pelabon v Zumo Retail Nelson Ltd |
| Summary | JURISDICTION – Whether valid 90 day trial period – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalty for the respondent’s failure to attend mediation and provide wage and time records – Barista |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Trial provision in employment agreement silent as to when the trial period would commence. Statutory requirements for valid trial provision not met. No valid trial period.;UNJUSTIFIED DISMISSAL: Employment did not end by mutual consent. Conduct insufficient for fair and reasonable employer to dismiss. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $5,470 reimbursement of lost wages and holiday pay. $5,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent failed to provide contractually agreed minimum hours of work. Respondent to pay applicant $353 arrears of wages and holiday pay.;PENALTY: Events for which applicant sought penalties at best minor or technical breaches. No penalty. |
| Result | Applications granted (unjustified dismissal)(arrears of wages and holiday pay) ; Reimbursement of lost wages and holiday pay ($5,470.85) ; Compensation for humiliation etc ($5,000) ; Arrears of wages and holiday pay ($353.22) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Part 6A;ERA s67A(5);ERA s67A;ERA s67A(2);ERA s67A(3);ERA s67B;ERA s69;ERA s103A;ERA s103(1)(b);ERA s103(1)(c);ERA s103(1)(d);ERA s103(1)(e) |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Wellington_101.pdf [pdf 390 KB] |