| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 110 |
| Hearing date | 20 Apr 2011 |
| Determination date | 17 June 2011 |
| Member | P R Stapp |
| Representation | J Murphy ; W Wolfsbaur |
| Location | Palmerston North |
| Parties | Hurley v SLC Physiotherapy Ltd t/a ORA 3 Physiotherapy |
| Summary | ARREARS OF WAGES - Applicant transferred employment to respondent after previous employer went into liquidation – Applicant claimed employment continued on same conditions although no written employment agreement – Applicant claimed later told by respondent’s director (“W”) wages would be reduced – Parties disputed applicant’s time off, hours, holiday pay and whether parties signed employment agreement – Authority found applicant accepted and was paid lower rate but worked same hours for respondent – Found no written employment agreement – No arrears of wages - ARREARS OF HOLIDAY PAY - Parties agreed applicant took two days’ holiday pay – Applicant took further leave without pay – Respondent claimed applicant could not take day off as did not provide adequate notice – Authority found applicant entitled to $16 arrears of holiday pay - UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed dismissed after told by respondent not to come back to work after holiday pay disagreement – Respondent claimed applicant dismissed two days later - Respondent provided supporting evidence including text from applicant on same day asking to pick up letter – Dismissal letter stated economic situation and reduced staff justified termination – Respondent claimed applicant manipulated redundancy situation to create personal grievance – Authority found applicant dismissed on day applicant received dismissal letter not on day parties disputed holiday pay – Found although respondent never specifically referred to redundancy, redundancy was reason why applicant dismissed – Found applicant given opportunity to discuss changes to employment agreement but not redundancy – Found applicant reasonably believed dismissed after did not sign employment agreement and disputed holiday pay entitlement – Found applicant had personal grievance as respondent failed to provide clear reasons for termination and no proper consultation about redundancy – Dismissal unjustified – REMEDIES – Authority found as genuine redundancy, applicant not entitled to reimbursement of wages - $3,000 compensation appropriate – Receptionist |
| Result | Applications granted (arrears of holiday pay) (unjustified dismissal) ; Arrears of holiday pay ($16.95) ; Compensation for humiliation etc ($3,000) ; Application dismissed (arrears of wages) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 11 |
| PDF File Link: | 2011_NZERA_Wellington_110.pdf [pdf 31 KB] |