| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 112/10 |
| Hearing date | 10 May 2010 - 11 May 2010 (2 days) |
| Determination date | 21 June 2010 |
| Member | D Asher |
| Representation | M Duston, K Coley ; Y Wei (in person), C Yin |
| Location | Palmerston North |
| Parties | Kelly v Wei t/a Rainbow Dairy, Foxton |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant employed by previous owner of dairy – Dairy sold and applicant understood employment would continue under current terms and conditions – Applicant claimed respondent wanted to pay hours under table and if applicant did not agree employment would end – Respondent argued applicant requested wages paid under table – Applicant alleged various other incidents including pay increase and sick pay refused by respondent, alleged dishonesty, pushed by owner of respondent dairy, unfair treatment and proposal to reduce hours – Respondent denied allegations – Applicant claimed health deteriorated and suffered workplace stress – Applicant claimed told to sign employment agreement which changed conditions or employment would end – Applicant claimed no option but to resign – Authority found respondent owner lacked awareness and sophistication in both business and employment matters – Applicant’s evidence preferred – Found applicant offered unreasonable deadline and options in respect of employment agreement – Found atmosphere created by respondent in which applicant’s employment unlikely to continue – Dismissal unjustified – REMEDIES – No contributory conduct – $6,000 compensation appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Found respondent failed to produce lawful time and wage record – Authority preferred applicant’s assessment as to wages and holiday pay owing – Found wages and holiday pay due and owing |
| Result | Applications granted ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($231) ; Arrears of holiday pay ($176.40) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s130 |
| Cases Cited | Air New Zealand v V (2009) 9 NZELC 93;Harrod v DMG World Media [2002] 2 ERNZ 410 |
| Number of Pages | 10 |
| PDF File Link: | wa 112_10.pdf [pdf 27 KB] |