| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 192 |
| Hearing date | 11 Oct 2011 |
| Determination date | 28 November 2011 |
| Member | P R Stapp |
| Representation | K Hay ; W J Wright |
| Location | New Plymouth |
| Parties | Amian v Reipen |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant left voluntarily during notice period – Applicant resigned as wife wished to return to Germany – Applicant claimed respondent offered to pay for flights for wife and child to visit Germany as often as liked – Applicant claimed accepted respondent’s offer and agreed to revoke resignation – Wife obtained restraining order that prevented applicant from residing in home provided for under employment agreement (“EA”) – Authority found applicant lived with respondent for some period of time – Applicant had appointment with lawyer about marital problems and intended to leave work and return later same day – Applicant claimed respondent abused applicant about appointment – Applicant claimed respondent said not allowed to use car provided for in EA and told to leave workplace immediately – Applicant returned to work next day to recover belongings and claimed further abused by respondent – Respondent denied swearing at applicant but accepted said that could shoot applicant – Respondent denied dismissing applicant – Respondent claimed applicant resigned and was working out notice period and respondent never accepted applicant back as full time employee – Found agreement between parties for respondent to pay for flights for applicant’s wife to return to Germany – Found more likely than not respondent agreed applicant to continue working – Alternatively found applicant required to work out notice period – Found respondent sent applicant away and refused to let applicant use car – Found applicant dismissed – Found respondent’s comments and behaviour towards applicant would have led applicant to believe had been dismissed – Found respondent raised several issues with applicant after dismissal but did not investigate these properly – Found no proper process followed – Dismissal unjustified – REMEDIES – No contributory conduct – $13,749 reimbursement of lost wages appropriate – $10,000 compensation appropriate – Found no order for payment for bonuses because unable to speculate what bonuses would have been – Interest payable – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought unpaid holiday pay – Found $3,015 arrears of holiday pay due and owing – Applicant claimed not paid for 10 day period – Accountant’s records showed $500 was paid but without details Authority accepted amount was bonus – Found $2,568 arrears of wages due and owing – Found wage and time records inadequate and not in accordance with legal requirements – Dressage Rider and Trainer |
| Result | Applications granted ; Reimbursement of lost wages ($13,749.97) ; Compensation for humiliation etc ($10,000) ; Interest (5%) ; Arrears of wages ($2,068.68) ; Arrears of holiday pay ($3,015.05) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s130 |
| Number of Pages | 11 |
| PDF File Link: | 2011_NZERA_Wellington_192.pdf [pdf 52 KB] |