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Viegas v The Flower House (2005) Ltd
27 Jun 2007, Y Oldfield, AA 193/07, (4 pages)
UNJUSTIFIED DISMISSAL – Redundancy – No appearance by respondent – Applicant redundant when shop stopped trading – No notice shop to be closed or discussion regarding redeployment – Authority could not safely conclude redundancy genuine – Dismissal unjustified – Remedies - Authority accepted four week notice period applied - Applicant also alleged respondent’s director spread malicious gossip about her – Evidence on point hearsay and Authority not satisfied assertion well founded - ARREARS OF WAGES AND HOLIDAY PAY – Arrears of overtime and holiday pay due and owing - Applicant unable to provide gross wages and IRD had not received PAYE for her from respondent - Amounts calculated in net terms - Respondent reminded of obligation to pay PAYE - PARENTAL LEAVE – At time of redundancy applicant 4½ months pregnant – Formal parental leave application not completed but had told respondent wished to take parental leave – Applicant’s difficulty finding work after dismissal compounded by understanding no longer eligible for statutory parental leave payment – Sought compensation for loss of benefit – While express statutory provision ensured employees whose employment ended during parental leave retained entitlement to payment, similar provision did not appear to have been made for those whose employment terminated before commencement of leave – Question of eligibility for payment in such cases not tested - Payment a statutory entitlement not obligation of employer - Could not be described as benefit of employment relationship – Authority could make no further order for compensation for loss of parental leave payment – Length of service one year - Florist
Result: Application granted ; Reimbursement of lost wages ($7,150 net)(13 weeks) ; ($2,200 net)(Notice) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($690 net)(Overtime) ; Arrears of holiday pay ($949.79 net) ; Disbursements in favour of applicant ($70)(Filing fee)
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