| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 133 |
| Hearing date | 13 Sep 2011 |
| Determination date | 13 September 2011 |
| Member | P Cheyne |
| Representation | M Henderson ; no appearance |
| Location | Christchurch |
| Parties | Ball v Belfast Automotive Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed and disadvantaged by respondent – No appearance for respondent – Respondent claimed applicant sought indefinite sick leave due to health problems and effectively resigned – Respondent claimed re-employed applicant before making applicant redundant – Authority found applicant unjustifiably disadvantage and unjustifiably dismissed – REMEDIES – No contributory conduct – Found grievances factually linked so remedies awarded on global scale – Applicant claimed entitled to reasonable notice where no agreement between parties about required notice – $5,320 reimbursement of lost wages appropriate – $10,000 compensation appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought unpaid holiday pay and wages in relation to period of sick leave – Found applicant did not resign but took unpaid leave – Found after resumed work, applicant required three days off work because had flu – Applicant informed as new employee not entitled to sick pay – Found applicant entitled to paid sick leave – Found arrears of wages due and owing – Found applicant not paid holiday pay when employment terminated – Found arrears of holiday pay due and owing – Interest payable – PENALTY – Applicant sought penalty for respondent’s failure to provide written employment agreement (“EA”) – Found proceedings commenced more than 12 months after date when cause of action first became known to applicant – Found s65 Employment Relations Act 2000 (“ERA”) provided for penalty for failure to comply with requirement for EA to be in writing – Found amendment to ERA that provided for penalty post dated present circumstances and application could only be made by Labour Inspector – No penalty awarded – COSTS – Half day investigation meeting - $1,500 contribution to costs appropriate |
| Result | Application granted (unjustified dismissal) (unjustified disadvantage) (arrears of wages and holiday pay) ; Compensation for humiliation etc ($10,000) ; Reimbursement of lost wages ($5,320) ; Arrears of wages and holiday pay ($1,149.12) ; Interest (5%) ; Application dismissed (penalty) ; Costs in favour of applicant ($1,500) |
| Main Category | Personal Grievance |
| Statutes | ERA s63A(2);ERA s65;ERA s65(4);ERA s131(1);ERA s135(5) |
| Cases Cited | Hunt v Forklift Specialists Limited [2000] ERNZ 553 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Christchurch_133.pdf [pdf 16 KB] |