| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 468 |
| Hearing date | 27 Oct 2011 |
| Determination date | 28 October 2011 |
| Member | R Arthur |
| Representation | M Snell (in person) ; J Chung |
| Location | Auckland |
| Parties | Snell v New Zealand Institute of Science and Technology Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Respondent gave applicant two weeks’ notice and respondent’s manager told applicant notice due to decreased number of intermediate students – Applicant claimed had previously taught classes at other levels and no discussion of alternatives to dismissal – Respondent claimed had always told applicant was relief teacher and told applicant month before would get two weeks notice when services no longer needed – Authority found parties relationship changed from casual to ongoing employment before employment ended – Found respondent made genuine business decision about disestablishment of applicant’s position – Found respondent had vacancy at level applicant had previously taught however respondent dismissed applicant and employed another teacher – Found respondent had no concerns about applicant’s ability to teach at lower level and applicant not given opportunity to apply for vacant position – Found applicant not given prior warning of dismissal before respondent gave two weeks’ notice and dismissal not fully explained until after applicant’s employment ended – Found respondent failed to provided applicant with opportunity to comment before dismissal decision made – Found fair and reasonable employer would most likely have redeployed applicant to vacant position – Dismissal unjustified – REMEDIES – No contributory conduct - Found applicant made reasonable endeavours to mitigate loss - $2,400 reimbursement of lost wages appropriate – Respondent to pay $48 contribution to IRD for applicant’s KiwiSaver account - $3,000 compensation appropriate - ARREARS OF WAGES – Applicant claimed discovered after dismissal was paid less than hourly rate parties previously agreed to - Applicant claimed had requested but had not received employment agreement - Respondent claimed parties did not have employment agreement as applicant’s position not permanent and parties did not agree to higher hourly rate – Respondent did not provide applicant with payslips - Found applicant entitled to difference between amount paid and what applicant understood was agreed hourly rate – Found arrears of wages due and owing and applicant entitled to arrears of KiwiSaver contributions – ARREARS OF HOLIDAY PAY – Authority identified three day shortfall in applicant’s holiday pay – Found arrears of holiday pay due and owing - Teacher |
| Result | Applications granted ; Reimbursement of lost wages ($2,400) ; Reimbursement of KiwiSaver contribution ($48) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($956) ; Arrears of holiday pay ($360) ; Arrears of KiwiSaver contribution ($19.12) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s65;ERA s103A;ERA s124;ERA s174 |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_468.pdf [pdf 37 KB] |