| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 511/10 |
| Hearing date | 6 Sep 2010 |
| Determination date | 14 December 2010 |
| Member | J Wilson |
| Representation | J Niemand ; no appearance |
| Location | Hamilton |
| Parties | Marsters v Events Security Services Ltd (in liquidation) |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – No appearance for respondent – Respondent in liquidation – Liquidator granted approval for investigation meeting to continue – Credibility finding in favour of applicant in absence of contrary evidence from respondent – Employment agreement stated applicant employed on casual basis – Authority found applicant employed on permanent part time basis – Respondent advised applicant, without consultation, hours of work to be reduced “due to recession” – Applicant informed respondent finding difficult meeting financial commitments after hours reduced and problems with client site co-ordinator – Applicant informed respondent thinking of taking personal grievance – Subsequently respondent advised applicant no longer required – Respondent informed applicant had lost tender to provide services to client – Found letter ambiguous and did not necessarily mean applicant had lost position – Subsequently, applicant unable to contact respondent – Authority found no attempt by respondent to obtain agreement to applicant’s change of hours – Found two months before respondent attempted to explain dismissal decision – Found ambiguous explanation not justified – Dismissal unjustified – Remedies – No contributory conduct – Found applicant owed $2043 for unilateral reduction in hours – Found $6370 reimbursement of lost wages – $4000 compensation appropriate – Holiday pay also owing on arrears of wages amounts – Noted fact respondent in liquidation meant unlikely applicant would receive amounts ordered – Security guard |
| Result | Application granted ; Arrears of wages ($2043.00) ; Reimbursement of lost wages ($6370.00) ; Compensation for humiliation etc ($4000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 7 |
| PDF File Link: | aa 511_10.pdf [pdf 32 KB] |