| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 170 |
| Hearing date | 8 Jun 2011 - 9 Jun 2011 (2 days) |
| Determination date | 03 November 2011 |
| Member | P R Stapp |
| Representation | J Angus-Burney ; M Quigg |
| Location | Palmerston North |
| Parties | Olsen and Anor v Te One A Mara Ltd and Ors |
| Other Parties | Jackson ; Pedersen, Pedersen |
| Summary | JURISDICTION – Whether second applicant (“L”) employee – L claimed employed by respondents – Authority found L not employed by respondents – Found contractual documentation supported conclusion – Found employment agreement not deliberately withheld by respondents or asked for by L – No employment relationship – No jurisdiction – RAISING PERSONAL GRIEVANCE – Authority satisfied respondents consented to grievances being raised out of time – Found other performance matters that had been claimed to be unjustified disadvantages not properly raised until statement of problem lodged and only background matters – ARREARS OF PAYMENT – First applicant (“C”) claimed owed payment for farm reports given to respondents – Respondents claimed no money owed for farm reports as not properly completed – Found C could reasonably expect payment for farm reports as contractual term for payment under employment agreement – Found any issues about quality and content of farm reports not raised at time – Applicant entitled to $495 arrears of payment – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably disadvantaged and dismissed by respondents – C given three warnings – First warning related to C being absent from work and leaving animals unfed – Second and third warnings related to criticisms of C’s milk quality and animal welfare – C summarily dismissed for serious misconduct – Respondents claimed had lost trust and confidence in C and had genuine concern for wellbeing of herd – Found respondents failed to afford C with opportunity to obtain representation – Found respondents failed to give C proper opportunity to respond to warnings – Found respondents should have had meeting with C to enable C to comment and have input before making decision on dismissal – Found process followed by respondents inadequate and not in accordance with employment agreement – Unjustified disadvantage – Dismissal unjustified – REMEDIES – 15 per cent contributory conduct – Found C’s performance did not meet requirements – $8,653 reimbursement for lost wages appropriate - $8,000 compensation appropriate – Dairy Farm Manager |
| Result | Applications granted (arrears of payment) (unjustified disadvantage) (unjustified dismissal) ; Contributory conduct (15%) ; Arrears of payment ($495) ; Reimbursement of lost wages ($8,653.86 reduced to $7,355.78) ; Compensation for humiliation etc ($8,000 reduced to $6,800) ; Application dismissed (jurisdiction) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s6(2);ERA s6(3) |
| Number of Pages | 18 |
| PDF File Link: | 2011_NZERA_Wellington_170.pdf [pdf 82 KB] |