| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 24 |
| Hearing date | 3 Feb 2011 |
| Determination date | 04 February 2011 |
| Member | J Crichton |
| Representation | J Sanders ; no appearance |
| Location | Christchurch |
| Parties | de Peyon v Hi Tech Panel & Paint (2006) Ltd (in Liquidation) |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - No appearance for respondent - Respondent in liquidation - Liquidators gave consent for investigation meeting to continue - No written employment agreement - Respondent claimed applicant employed on trial period - Applicant’s hourly rate reduced by $2 - Some time later applicant handed final pay, told employment at an end, and not to attend workplace anymore - Respondent claimed hourly rate reduced because of problems with applicant’s workmanship - Claimed applicant dismissed pursuant to trial period - Authority found as no written employment and therefore no written trial period provision trial period claimed by respondent illegal - Found no properly constituted trial period in respect of applicant’s employment - Found applicant did not agree to reduction in hourly rate - Found reduction could not be unilaterally imposed on worker - Found reduction caused applicant unjustified disadvantage - Found dismissal did not follow any process, was no consultation, and no opportunity to be heard - Found respondent did not follow any process in dealing with alleged issues with applicant's workmanship - Dismissal unjustified - Remedies - No contributory conduct - Applicant gave graphic evidence of effect of having to continue working having sustained pay reduction and of dismissal - $5,000 compensation appropriate - Applicant unemployed for nearly 12 months post dismissal - Applicant to be reimbursed lost wages for that period less benefit received - Applicant entitled to reimbursement for wages lost when hourly wage unilaterally reduced - PENALTY - Found respondent failed to provide written employment agreement as required by law - Found matter would not have arisen if had been written employment agreement - Found $1,000 penalty appropriate - Penalty payable to applicant - COSTS – Respondent to pay applicant $1,000 contribution to costs - Apprentice panel beater/painter |
| Result | Applications granted ; Reimbursement of lost wages ($15,000) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($401.50) ; Penalty ($1,000)(Payable to applicant) ; Costs in favour of applicant ($1,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s65(1);ERA s67A;ERA s67A(2);ERA s124 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Christchurch_24.pdf [pdf 17 KB] |