| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 177/09 |
| Hearing date | 7 Jul 2009 |
| Determination date | 15 October 2009 |
| Member | P Montgomery |
| Representation | J Beck, J Beck ; D Mitchell |
| Location | Dunedin |
| Parties | Skerten v DL Mitchell Plumbing & Drainage Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent invited applicant to attend meeting to discuss redundancy proposal including payout of one week’s wages - Respondent advised all outstanding tool money to be paid up or tools returned and credit made against outstanding debt - Authority found respondent already made decision about redundancy before meeting - Respondent company ceased to trade and respondent in no position to meet applicant’s demands - Respondent failed to provide employment agreement and entered into probationary period without specifying it in writing - No right to deduct money for tools from wages - Found respondent offered applicant apprenticeship but changed mind in face of dropping work prospects - Applicant’s employment likely to have come to end anyway due to company ceasing to trade - Found redundancy genuine - Found consultation only took place after applicant advised of redundancy - Found selection process not transparent - Dismissal unjustified - REMEDIES - No contributory conduct - Reimbursement of lost wages of $6,552 appropriate - $3,500 compensation appropriate - Recovery of monies for unlawful deduction from wages of $949 appropriate - Trainee plumber |
| Result | Application granted ; Reimbursement of lost wages ($6,552) ; Compensation for humiliation etc ($3,500) ; Recovery of monies for unlawful deductions from wages ($949.05) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s67;ERA s103A;ERA s128(2);Wages Protection Act 1983 s5 |
| Number of Pages | 7 |
| PDF File Link: | ca 177_09.pdf [pdf 35 KB] |