| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 35/06 |
| Hearing date | 28 Sep 2005 |
| Determination date | 08 March 2006 |
| Member | P Montgomery |
| Representation | JS Fairclough ; N McPhail |
| Location | Christchurch |
| Parties | Torrance v Grace Removals Group Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - ARREARS OF WAGES - Applicant claimed not given appropriate wage increase - Promoted to Operations Manager but continued to be paid at grade 3 (removalist) rate according to schedule appended to employment agreement - New role not on pay schedule but at least equivalent to grade 4 (supervisor) - Applicant unjustifiably disadvantaged by respondent's failure to pay him correctly - UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy genuine - Applicant only permanent full time removalist and respondent needed to have particular regard to obligations towards him - Applicant met with Branch Manager and although he was advised of right to support person he was unaware of meeting's purpose so could not see any reason for assistance - Applicant told position was redundant and respondent was prepared to offer redundancy package - Respondent alleged severance was mutually agreed and applicant short circuited the consultation process". - Applicant claimed offer made on take it or leave it basis - No evidence anybody else involved in consultation which raised questions as to fairness of selection criteria - Respondent failed to adopt a fair procedure, effectively denying applicant the opportunity to save employment - Unjustified dismissal - PENALTY - Penalty declined as insufficient evidence of breach of good faith and breach of agreement dealt with under disadvantage claim - Remedies - Applicant entitled to be paid at grade 4 rate from date of appointment as supervisor - Reimbursement of lost wages of three months less one month's paid notice - Length of service one year one month - Operations Manager/Removalist" |
| Result | Application granted ; Arrears of wages (quantum to be determined by parties) ; Interest (8%) ; Reimbursement of lost wages ($5,040)(9 weeks) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | ca 35_06.pdf [pdf 31 KB] |