| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 22 |
| Hearing date | 14 Jan 2013 |
| Determination date | 23 January 2013 |
| Member | J Crichton |
| Representation | M Thum ; R Chapman |
| Location | Auckland |
| Parties | Ormsby v Effex Hair and Beauty Salon Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant late to work constantly, asked for wage advances, took extensive sick leave and took advantage of co-workers – Whether applicant misrepresented extent of brother’s illness – Whether applicant subject to disciplinary warnings – Applicant away from workplace – Dismissal by text message – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant paid correct hourly rate – Whether applicant entitled to two weeks’ notice, holiday pay and sick leave – Hairdresser |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant had no idea dismissal possible and no opportunity to respond to respondent’s concerns. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. $500 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Parties agreed to reduction of applicant’s hourly rate. Applicant not entitled to two weeks’ notice. Authority unable to make determination on applicant’s wage entitlements. Parties directed to engage with each other to determine applicant’s entitlements. Leave reserved for parties to return to Authority for determination of applicant’s entitlements. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Compensation for humiliation etc ($500) ; Orders made ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_22.pdf [pdf 152 KB] |