| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 138/09 |
| Hearing date | 25 Aug 2009 |
| Determination date | 31 August 2009 |
| Member | J Crichton |
| Representation | P Norris ; No appearance |
| Location | Christchurch |
| Parties | Bandy v Collins Homes Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – No appearance for respondent – Applicant’s position disestablished due to absence of paying work – Authority found redundancy genuine – Applicant argued dismissal for redundancy effected in unfair manner – Applicant informed of redundancy by early morning telephone call – Found employer failed to engage with applicant about redundancy – No consultation – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Applicant wrote letter to respondent which referred to issue with redundancy consultation process – However, bulk of communication related to unpaid wages – Found applicant failed to satisfactorily raise personal grievance in relation to redundancy within 90 day period – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought to recover outstanding wages and holiday pay – Applicant argued not paid for 40 hours work per week as per employment agreement – Respondent alleged applicant frequently failed to show up for work – Applicant denied allegation – Respondent claimed applicant failed to raise complaint during employment – Found failure to raise issue with respondent did not obviate obligation of respondent to pay applicant in accordance with employment agreement – Applicant entitled to payment for unpaid wages – Applicant not paid for time travelling to job sites – Respondent claimed employment agreement did not provide for payment – Found applicant entitled to payment for travelling time – Respondent deducted 81 hours holiday pay from final pay based on annual leave taken in advance during employment – Applicant denied taking annual leave during employment – Authority accepted applicant’s evidence – Applicant entitled to payment for unpaid holiday pay – COSTS – Applicant sought costs of $7,326 – Found amount unreasonable – Found contribution of $1,000 appropriate |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Arrears) ; Arrears of holiday pay ($1,134) ; Arrears of wages ($3,402) ; Arrears of wages for travel ($1,617) ; Costs in favour of applicant ($1,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Number of Pages | 9 |
| PDF File Link: | ca 138_09.pdf [pdf 32 KB] |