| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 70/07 |
| Hearing date | 30 Apr 2007 |
| Determination date | 07 May 2007 |
| Member | P R Stapp |
| Representation | G O'Sullivan ; T Kennedy |
| Location | Wellington |
| Parties | McAlpine v Courtney Establishment Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed unlawfully suspended without pay - Respondent chose to suspend applicant pending investigation into allegation he drank on duty - Suspension unjustified - Decision predetermined and no authority to stop wages - Respondent did not conduct proper enquiry and credibility issue meant action wholly unjustified - Allegation applicant did not pay for drink made after suspension and unjustified - Employment relationship continued as respondent investigated further allegations, did not pay accrued holiday pay, and reinstated wages - Applicant chose not to repudiate employment - Unjustified disadvantage - Remedies - Applicant entitled to wages while suspended - ARREARS OF WAGES - Reason for non-payment was disagreement over quantum - More than reasonable for matter to be addressed earlier - Applicant paid when off sick for a week, but not paid following week - Believed being given benefit for long hours worked and previously paid when took leave - Applicant not eligible for sick leave and had not discussed offsetting long hours with respondent - Fair employer would have discussed situation before not paying wages, but matter not taken further - Arrears due and owing for other days claimed - Also entitled to alternative holidays - Restaurant manager |
| Result | Application granted ; Reimbursement of lost wages (9 weeks) ; Compensation for humiliation etc ($10,000) ; Arrears of wages and holiday pay (Quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Hardy v Scoopy's Ice Cream Parlour (Whangarei) Ltd unreported, R Monaghan, 15 February 2007, AA 36/07;Ruffell v Women's Refuge Sexual Assault Resource Centre Marlborough [2002] 1 ERNZ 409;Tawhiwhirangi v Attorney-General [1993] 2 ERNZ 546 |
| Number of Pages | 8 |
| PDF File Link: | wa 70_07.pdf [pdf 28 KB] |