| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 72/05 |
| Hearing date | 5 Apr 2005 |
| Determination date | 06 May 2005 |
| Member | P R Stapp |
| Representation | G Irwin ; G Anslow (in person) |
| Location | Wellington |
| Parties | MacLeod v ABC Plumbing Drainage & Gas Ltd and Ors |
| Other Parties | AB Computer Services Ltd, Anslow |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Applicant believed she was employed by respondent ABC" - Wage and time records, timesheets, tax certificate and bank statements referred to ABC - Unsigned employment agreement provided later referred to respondent "AB" - No independent evidence that AB employer - Question about role of ABC's and AB's director reserved - In meantime orders would be made against ABC - PENALTY - Written employment agreement not provided until five months after applicant commenced work - Authority did not accept director's defence that business was small employer, too busy and ignorant of law - Deliberate default in providing employment agreement in reasonable time warranted penalty - ARREARS OF WAGES - Unilateral variation of hours without consultation - Applicant believed she was required to work particular hours - Reduction in hours of work meant applicant was owed wages - ARREARS OF HOLIDAY PAY - Inconsistencies in amount calculated by director - Holiday pay due and owing - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant received warnings and was suspended without consultation - Went on sick leave and never returned to work - Resigned when raising personal grievance - No linkage between resignation and warnings and suspension - Applicant had other options than resigning - No personal grievance - COSTS - Applicant put to unnecessary expense when respondents made identity of employer an issue - Applicant entitled to contribution to her costs - Dispatcher/receptionist" |
| Result | Application dismissed (unjustified dismissal) ; Application granted (arrears and penalty) ; Penalty ($1,500)(payable to Crown) ; Arrears of wages ($2,280) ; Arrears of holiday pay ($179.46) ; Interest (7 percent) ; Costs in favour of applicant ($2,000) ; Disbursements ($70)(filing fee) |
| Number of Pages | 9 |
| PDF File Link: | wa 72_05.pdf [pdf 30 KB] |