| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 181 |
| Hearing date | 2 Nov 2011 |
| Determination date | 21 November 2011 |
| Member | P Cheyne |
| Representation | J Guest ; L Anderson |
| Location | Dunedin |
| Parties | Todd v Glenmavis Ltd and Anor |
| Other Parties | Glenmavis Farm Partnership (2007) |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – IRD required new partnership to be formed after identity of trustee changed – Second respondent commenced paying wages of employees – Respondents did not inform employees of change – Parties accepted change in identity of trustee did not alter partnership – Authority found clear from signed employment agreements that applicant employed by second respondent – ARREARS OF BONUS PAYMENT – Applicant claimed received per year bonus – Applicant claimed bonus partly paid by money advanced to purchase land – Applicant claimed entitled to discharge mortgage or compensation equivalent to sum secured and balance of bonus – Respondents claimed second respondent partner (“W”) and second respondent partner (“B”) personally loaned money to applicant to purchase land and was not bonus – B claimed loan made as part of understanding applicant would manage farm until sold – B claimed did not undertake to forgive loan at any particular time as depended on price received for farm – Found mortgage registered to B and W – Found arrangement was term of employment as related to satisfactory performance of applicant’s work, applicant’s continuation in employment for minimum period and financial compensation for applicant’s increased workload – Found arrangement was not bonus – Found applicant entitled to discharge mortgage held by B and W – Leave reserved for consideration of appropriate remedy if matter not resolved between parties – ARREARS OF HOLIDAY PAY – Applicant sought unpaid holiday pay – COUNTERCLAIM – RECOVERY OF MONIES – Respondents sought recovery of overpaid wages – Applicant accepted overpaid wages – Found applicant owed respondent overpaid wages – Found applicant owed holiday pay – Applicant claimed time off was on account of having worked on rostered days off – Found time off had to be regarded as annual leave – Leave reserved to determine quantum if parties unable to agree – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant gave medical certificate to B which declared applicant unfit for work – Dairy farm management consultant (“P”) issued report that included number of comments critical of applicant – Applicant attempted to return to work but B informed applicant of decision to make applicant redundant – Applicant dismissed – Found respondents did not consult with applicant – Found redundancy not genuine – Found applicant’s working conditions injurious to health – Dismissal unjustified – REMEDIES – No contributory conduct – Applicant did not claim lost remuneration as promptly obtained other employment – Found effects of dismissal worsened by respondents threatening to lay complaint of theft with police regarding overpaid wages – $15,000 compensation appropriate – Farm Manager |
| Result | Applications granted ; Arrears of holiday pay (quantum to be determined) ; Recovery of monies (quantum to be determined) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(4)(e);ERA s4(1A)(b);ERA s4(1A)(c);ERA s137;Holidays Act 2003;Holidays Act 2003 s25 |
| Cases Cited | Cammish v Parliamentary Service [1996] ERNZ 404 |
| Number of Pages | 17 |
| PDF File Link: | 2011_NZERA_Christchurch_181.pdf [pdf 86 KB] |