| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 459/10 |
| Hearing date | 21 Oct 2010 |
| Determination date | 26 October 2010 |
| Member | R Arthur |
| Representation | H Tevita ; D Rooke |
| Location | Auckland |
| Parties | Wood v Bradshaw Plumbing Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent told applicant not enough work coming in to pay applicant’s 40 hour a week wage - Respondent claimed applicant agreed to leave without pay with undertaking would be provided with work when available - Applicant claimed did not agree and when told respondent unhappy with situation was dismissed - Respondent claimed applicant not dismissed, but if was dismissal justified due to misconduct and poor performance - Authority found respondent’s evidence did not establish misconduct or poor performance to level justifying dismissal - Authority found no genuine agreement or consent by applicant to take leave without pay - Authority found respondent’s actions of telling applicant was no work and no pay was dismissal for redundancy - Applicant accepted that if dismissal for redundancy found redundancy genuine - Found respondent’s actions not those of fair and reasonable employer - Found applicant presented with decision about future of employment without notice and given no real opportunity for meaningful input or consultation - Dismissal unjustified - Remedies - No contributory conduct - No reimbursement of lost wages awarded as genuine redundancy - However, applicant entitled to notice period - No written employment agreement - Authority found two weeks reasonable notice period - Respondent accepted applicant owed three weeks holiday pay - Interest awarded - Authority accepted abrupt nature of termination of employment and weeks of uncertainty that followed caused humiliation, loss of dignity and injury to feelings - Applicant reported embarrassment at having to seek financial assistance from family members and problems sleeping - $5,000 compensation appropriate - COUNTERCLAIM - RECOVERY OF MONIES - Respondent sought payment for bed, personal calls on work mobile phone, lost tool, and GPS system stolen from respondent’s vehicle applicant drove and requested amount be deducted from any remedies awarded to applicant - Applicant accepted owed balance of payment for bed – Authority ordered deduction of cost of personal calls on work mobile for specified period – Declined to order reimbursement for calls prior to that period as respondent knew of calls and had not sought reimbursement until applicant raised grievance – Declined to order deductions for lost tools for same reasons - Found evidence did not establish applicant responsible for circumstances in which respondent’s insurer refused claim for stolen GPS system - Found respondent made payment to respondent for casual work carried out and as ‘goodwill’ payment – Amount to be deducted from remedies awarded to applicant - Apprentice plumber |
| Result | Application granted (Unjustified dismissal) ; Counterclaim partially granted (Recovery of monies) ; Pay in lieu of notice and holiday pay ($2,249.35) ; Interest ($225.48) ; Compensation for humiliation etc ($5,000) ; Recovery of monies ($809.84) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl11 |
| Number of Pages | 10 |
| PDF File Link: | aa 459_10.pdf [pdf 28 KB] |