A man has been awarded $5000 after the Employment Relations Authority found that he was unfairly fired from a job and discriminated against for his age and having Asperger’s Syndrome. Lichen Wang worked at east Auckland warehouse New World Market Ltd from December 2014 until January 2015 when he said he was dismissed. Wang took a claim of unjustifiable dismissal and discrimination against his former employer in the ERA. His former employer responded to the claims by saying Wang resigned voluntarily and denied discriminating against Wang. He began work on a trial period of two weeks, but after a week he was told he was needed to improve his work efficiency. Two weeks later, Wang’s personal belongings went missing from the staff kitchen. Wang became extremely upset at the situation and told the ERA at this point he was advised to take two days off work to recover. The company believed when Wang didn’t show up to work the following days he had decided to quit the position. Member of the Authority Eleanor Robinson said Wang had been unjustifiably dismissed and discriminated against. Robinson said New World Market Ltd had breached the Employment Relations Act by advertising the warehouse position for someone “50 years or below” and by telling Wang the company wanted to employ a person aged in their 40s. The authority was told in the hearing that one of the reasons Wang was dismissed was because of his emotional response to his property going missing.
May 6, 2016
A former kitchen worker at Timaru Hospital has been awarded more than $15,000 for failings by her employer, Spotless Facility Services. Spotless Facility Services must pay a former Timaru Hospital kitchen worker $15,500 for failing to protect her from workplace bullying. Anne MacKay resigned while on sick leave in August 2014. The Employment Relations Authority (ERA) says she quit because Spotless failed to investigate a joint complaint other workers were preparing against her and because of her fears of workplace bullying. In a newly-released determination, authority member David Appleton says a senior Spotless manager committed a “serious failing in his duty” when he told MacKay he knew nothing of the joint complaint and failed to promise an investigation. Another Spotless worker is now seeking compensation for bullying by a supervisor, Ms X.
May 6, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal made outside the 21 day statutory time limit – applicant on maternity leave – in late 2015 an extension of her maternity leave granted – on 1 November 2015 respondent took over business – on 14 January 2016 respondent sent letter to applicant advising it expected her to return to work prior to Christmas – requested she advise of her intentions by 22 January 2016, if there was no response it would conclude she had abandoned her employment – applicant did not receive letter – sent to wrong address – contacted respondent by email on 10 February and 17 February 2016 and was advised she no longer had a position – on 11 January 2016 applicant received news that her brother had died in Ireland – she attended funeral in Ireland – on 25 January 2016 she returned to Australia, still struggling to cope with the death – on 3 February 2016 applicant and her children were injured in car accident – on 19 February 2016 she was still suffering the after effects of accident – applicant dismissed on 22 January 2016 although she was not aware of dismissal until 17 February 2016 – whether exceptional circumstances exist [Nulty] – Commission found circumstances in this case clearly unusual and not regularly encountered – extension of time granted. Holian v DPG Services P/L t/a Opal Aged Care
May 6, 2016
TERMINATION OF EMPLOYMENT – minimum employment period – ss.384, 394 Fair Work Act 2009 – applicant alleged she had been unfairly dismissed – respondent objected on grounds that applicant had not served minimum employment period and that her application was out of time – applicant employed as a casual from 2013 – for period of casual employment to count towards minimum period applicant needed to establish she worked on a regular and systematic basis – casual employment period immediately prior to full-time employment considered part of the applicant’s service however period did not amount to six months – Commission held applicant had not served minimum employment period – not necessary to deal with the extension of time issue – application dismissed. Hodder v Ngnampa Health Council
May 6, 2016
TERMINATION OF EMPLOYMENT – discontinuance – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – application listed for hearing as matter not resolved at conciliation – prior to hearing, applicant’s representative advised Commission that matter had settled and discontinuance would follow –applicant advised to wait until settlement money received before filing discontinuance – prior to receiving settlement monies applicant’s representative filed notice of discontinuance – applicant wrote to Commission requesting a hearing – Commission to determine if it has power to set aside discontinuance – applicant submitted that representative not instructed to file discontinuance – Narayan considered – Commission does not have power to set aside discontinuance [AB v Tabcorp Holdings Limited] – such application would need to be made to a Court – application dismissed. Hatton v Northern Beaches Community Services Limited
May 5, 2016
Link Medical Products Pty Ltd is debating a s.372 (application to deal with other contravention disputes) launched by a staff member (Shortis).
May 5, 2016
Gayle Anderson returned to her Cranbrook gated retirement village from a 10-month holiday with her husband Bill to find their 2007 Mazda BT-50 ute had been stolen from the driveway of their Townsville unit.
May 5, 2016
Centacare Catholic Family Services is facing a s.394 (application for unfair dismissal remedy).
