| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 385/03 |
| Hearing date | 31 Oct 2003 - 11 Nov 2003 (2 days) |
| Determination date | 24 December 2003 |
| Member | D King |
| Representation | T Darby ; P Swarbrick |
| Location | Auckland |
| Parties | Baker v Adventure Education Training Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissed after incident endangered client's and applicant's health - Applicant injured - Disciplinary incident brought forward at applicant's insistence - Allegations not made sufficiently clear - Witness statements not brought to applicant's attention - No investigation of mitigating factors - Dismissal unjustified - Remedies reduced by 25 percent for failure to accept some responsibility for incident - UNJUSTIFIED DISADVANTAGE - Alleged unreasonably informed immigration service of dismissal - Alleged failure to suspend, provide equipment and promote - Alleged discrimination and breach of Health and Safety in Employment Act 1992 - Respondent obliged to inform immigration service of change in employment status - No failure to provide appropriate equipment - Suspension discretionary - No requirement to advertise when filling available positions - Numerous other claims outside Authority's jurisdiction or without merit - No unjustified disadvantage - ARREARS OF WAGES AND HOLIDAY PAY - Alleged failure to pay for initial period worked - Alleged non payment for statutory holiday worked - Holiday pay due and owing - Respondent to produce holiday book - Initial period of work was on voluntary basis and did not attract wages - Dive instructor |
| Result | Application granted (Unjustified dismissal and Arrears of holiday pay) ; Application dismissed (Unjustified disadvantage) ; Arrears of holiday pay (Quantum reserved) ; Interest (6.5 percent) ; Reimbursement of lost wages ($7,526.95 to be reduced by 25 percent) ; Compensation for humiliation etc ($10,000 reduced to $7,500) ; Costs reserved |
| Statutes | HSE s6;HSE s7;HSE s8;HSE s13;Holidays Act 1981 s7A;Holidays Act 1981 s31 |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31 ; [2002] 2 NZLR 342;Brickell v Attorney-General [2000] 2 ERNZ 529;Gilbert v Attorney-General [2000] 1 ERNZ 332;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |