| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 165/06 |
| Hearing date | 14 Nov 2006 |
| Determination date | 23 November 2006 |
| Member | P R Stapp |
| Representation | D McLeod ; no appearance |
| Location | Wellington |
| Parties | Wall v Strategic Health Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant had two roles with respondent (SHL") - Second role on premises controlled by another company ("CCT") - Employment consolidated with SHL - Applicant took time off work due to injury - Cleared to return to work, however, respondent wanted second opinion as to applicant's condition - Applicant dismissed before second opinion obtained - Respondent concerned applicant put CCT at risk under Health and Safety in Employment Act 1992 - Applicant advised that respondent wanted to consult on restructuring proposal regarding roles at SHL and CCT - Respondent raised concerns about applicant's performance and conduct which amounted to final warning - No response from respondent when applicant requested to discuss proposal - No appearance by respondent - Respondent failed to reasonably provide documents required for Authority investigation - Authority found SHL deliberately did not co-operate with Authority investigation - Inactions seen as wilful and contemptuous of Authority - Respondent not proactive in making arrangements for mediation prior to investigation meeting - Directors of both companies acting in concert - Overlap of directors involvement in both companies suggested raising of redundancy was way to get around problem - Restructure not genuine - Dismissal unjustified - ARREARS OF WAGES AND HOLIDAY PAY - Applicant's claim for unauthorised deductions not a personal grievance matter - Claim an enforcement matter - However, claim not established by applicant - Arrears of holiday pay due and owing - COSTS - 85 percent as reasonable contribution by respondent - Appropriate given lack of co-operation by respondent" |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Arrears of wages) Reimbursement of lost wages ($4,888) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($1,244.48) ; Costs in favour of applicant ($2,541.50) ; Disbursements (Filing fee)($70) |
| Statutes | ERA Second Schedule cl12;HSE |
| Number of Pages | 9 |
| PDF File Link: | wa 165_06.pdf [pdf 40 KB] |