| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 201 |
| Hearing date | 23-Nov-17 |
| Determination date | 23 November 2017 |
| Member | P van Keulen |
| Representation | P Matthews ; no appearance |
| Location | Christchurch |
| Parties | Stojanovich v Remembrance Funerals Ltd |
| Summary | JURISDICTION – Whether valid 90 day trial provision – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and arrears of holiday pay – COSTS – Applicant sought contribution towards costs – Funeral Service Worker |
| Abstract | AUTHORITY FOUND –JURISDICTION: Applicant commenced work three days prior to signing employment agreement containing 90 day trial provision. No valid trial period. UNJUSTIFIED DISMISSAL: Respondent did not follow fair process leading to dismissal. Respondent failed to advise applicant of pending disciplinary process and did not provide necessary information about work incident. Respondent also failed to properly consider any explanation provided by applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,076 reimbursement of lost wages. $15,000 compensation appropriate. ARREARS OF WAGES AND HOLIDAY PAY: Applicant did not receive final pay. Respondent to pay applicant $519 for arrears of wages and $207 arrears of holiday pay. COSTS: Half day investigation meeting. Authority found appropriate to raise daily tariff because applicant bettered original offer of settlement. Respondent to pay applicant $3,500 contribution towards costs. |
| Result | Application granted ; Reimbursement of lost wages ($2,076) ; Compensation for humiliation etc ($15,000) ; Arrears of wages ($519) ; Arrears of holiday pay ($207.69) ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s67A;ERA s67A(3);ERA s103A;ERA s124;ERA s128;ERA s128(2);ERA Second Schedule cl12 |
| Cases Cited | Blackmore v Honick Properties Ltd [2011] NZEmpC 152;Fagotti v Acme & Co Ltd [2015] NZEmpC 135;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 (EmpC);Smith v Stokes Valley Pharmacy (2009) Ltd [2010] NZEmpC 111;Waikato District Health Board v Archibald [2017] NZEmpC 132;Xtreme Dining Ltd v Dewar [2016] NZEmpC 136 |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Christchurch_201.pdf [pdf 35 KB] |