| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 56/05 |
| Hearing date | 3 Feb 2005 |
| Determination date | 16 February 2005 |
| Member | V Campbell |
| Representation | K Jenkins (in person) ; no appearance |
| Location | Auckland |
| Parties | Jenkins v Crater Brewing Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Applicant refused to accept unilateral reduction of hours - Received letter purporting to accept his resignation" - Applicant exhibited some symptoms of Parkinson's disease before employment ended but official diagnosis not made until after termination - No attempts made to accommodate "disability" as required by Human Rights Act 1993 - Any performance concerns not discussed with applicant - No resignation - Applicant dismissed on two days notice by respondent's "acceptance letter" - No reasons given for dismissal - Dismissal prior to diagnosis premature - Complete lack of due process - Dismissal substantively and procedurally unfair - Remedies - Alternative employment not obtained until seven months after termination - Appropriate to exercise discretion to award more than three months lost wages - ARREARS OF WAGES AND HOLIDAY PAY - Arrangement to pay for overtime in form of overseas holiday for applicant and wife - Arrangement not honoured - Arrears of wages for overtime worked due and owing - Arrears of wages for days in lieu for public holidays worked due and owing - Respondent deducted one week's "annual leave taken in advance" from applicant's final pay for week applicant ordered to take off - No agreement that week was annual leave as required by Holidays Act 2003 - Requirement that applicant work part of week not consistent with characterising week as annual leave - Arrears of wages for incorrect deduction due and owing - COSTS - Length of investigation meeting not specified - Appropriate to award costs in favour of applicant for counsel-assisted preparation even though applicant not represented during investigation meeting - Brewery worker" |
| Result | Application granted ; Arrears of wages and holiday pay ($1,002.75 gross)(overtime) ; ($183.75 gross)(days in lieu) ; ($425.25 gross)(incorrect deduction) ; Reimbursement of lost wages ($8,888.62 gross)(6 months) ; Compensation for humiliation etc ($3,500) ; Costs in favour of applicant ($1,200)(including disbursements) |
| Statutes | ERA s123(b);ERA s123(c)(i);ERA s124;ERA Second Schedule cl12;Holidays Act 2003 s18(3);Human Rights Act 1993 |
| Cases Cited | New Zealand Airline Pilots Association IUOW v The Registrar of Unions [1989] 2 NZILR 550;Reid v New Zealand Fire Service Commission [1995] 2 ERNZ 38 |
| Number of Pages | 8 |
| PDF File Link: | aa 56_05.pdf [pdf 36 KB] |