| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 147/05 |
| Hearing date | 25 Aug 2005 |
| Determination date | 09 September 2005 |
| Member | G J Wood |
| Representation | G Ogilvie ; G Anslow |
| Location | Wellington |
| Parties | Ortiz v AB Computer Services Ltd and Ors |
| Other Parties | ABC Plumbing Drainage & Gas Ltd, Absolute Plumbing Drains & Gas Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Identity of employer - Second respondent was employer - Negative working relationship between applicant and director of second respondent - Applicant became aware director of second respondent was considering forming new company to do plumbing work because of unpaid client bills - Applicant refused to sign employment agreement because it said she was casual worker and worked for different employer - Made redundant - No consultation - No opportunity to apply and be appointed to position in new company like other employees - Given two weeks' notice - Breach of duties under Employment Relations Act 2000 - Applicant entitled to access to information and opportunity to comment - Entitled to dignified exit - Redundancy genuine but procedurally unfair - Unjustified dismissal - ARREARS OF HOLIDAY PAY - Entitled to payment for public holidays not paid for - PENALTY - Failure to provide time and wage records - $500 penalty appropriate - Leave reserved to retain third respondent (new company) as a respondent in event enforcement issue arose - Clerical work/accounts position |
| Result | Application granted ; Reimbursement of lost wages ($360) (One week's notice) ; Compensation for humiliation etc ($8,000) ; Arrears of holiday pay ($360) ; Penalty $500 (Crown) ; Costs reserved |
| Statutes | ERA s4(1A);ERA s130 |
| Number of Pages | 7 |
| PDF File Link: | wa 147_05.pdf [pdf 29 KB] |