| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 74 |
| Hearing date | 27 Apr 2011 |
| Determination date | 06 May 2011 |
| Member | D Asher |
| Representation | J Waugh ; P McBride |
| Location | Whanganui |
| Parties | Hawtree v Spotless Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent by failing to pay retirement gratuity – Applicant paid gratuity by previous employer in recognition would no longer have future access to retirement gratuity – Employment since transferred to respondent – Respondent confirmed retirement gratuity owing in letter to applicant upon retirement – No gratuity payment made to applicant – Applicant sought payment of retirement gratuity as calculated on worksheet plus interest – Respondent claimed discussions about retirement gratuity conditional on entitlement – Applicant claimed would not have retired if not promised retirement gratuity – Authority found communication between parties showed agreement to retirement gratuity – Found no agreement as to amount or what formula applied – Found worksheet showed period of calculation covered period already paid out by previous employer – Found worksheet calculation clearly not accurate and would not have been relied on by parties – Found no contractual entitlement to retirement gratuity – Found applicant retired because of respondent’s undertaking to pay retirement gratuity – Found respondent did not admit mistake made – Found applicant unjustifiably denied opportunity to decide whether would retire or not without retirement gratuity – Found respondent breached obligations of good, responsive and communicative employer – Found incumbent on respondent to communicate change of stance to applicant before allowing retirement because of mistaken expectation – Unjustified disadvantage – REMEDIES – No contributory conduct – Found no entitlement to retirement gratuity – $3,000 compensation appropriate – Food Services Supervisor |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_74.pdf [pdf 21 KB] |