| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 19 |
| Hearing date | 3 Feb 2011 |
| Determination date | 04 February 2011 |
| Member | G J Wood |
| Representation | R Hickey ; no appearance |
| Location | Napier |
| Parties | Te Huia v Burton t/a Not Rub Cleaners |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – No appearance for respondent – Applicant claimed unjustifiably dismissed by respondent – Applicant cleaner at commercial premises and at local school – Applicant informed by respondent lost cleaning contract for commercial premises and therefore applicant’s employment terminated – Applicant claimed discovered respondent simply replaced applicant with new employee – Respondent claimed hours no longer available to applicant due to standard of work – Applicant claimed never received any complaints about work – Applicant informed cleaning work at school no longer available – Applicant claimed respondent collected cleaning materials and gave no further reasons for dismissal – Respondent still held both cleaning contracts – Authority found performance concerns not put to applicant – Found respondent did not act as fair and reasonable employer – Found respondent pretended employment ended due to redundancy – Found no redundancy situation – Dismissal unjustified – REMEDIES – No contributory conduct – Found applicant significantly affected by loss of job - $4,000 compensation appropriate – Found applicant failed to mitigate loss by looking for new job so not entitled to reimbursement of lost wages – ARREARS OF WAGES – Found applicant entitled to payment for one week notice period – Found unpaid wages due and owing – COSTS – Length of investigation meeting not specified – Applicant incurred $600 in costs – Found $600 costs reasonable - Cleaner |
| Result | Applications granted ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($219.30) ; Costs in favour of applicant ($600) ; Disbursements in favour of applicant ($70) |
| Main Category | Personal Grievance |
| Statutes | ERA s181;ERA s182;ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_19.pdf [pdf 19 KB] |