| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 26 |
| Hearing date | 22 Jan 2013 |
| Determination date | 24 January 2013 |
| Member | R Larmer |
| Representation | T Braithwaite ; No appearance |
| Location | Auckland |
| Parties | Hawes v Select Doubtless Bay Villas Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - COSTS - Less than one day investigation meeting - Applicant sought $4,117 indemnity costs - No appearance for respondent - Resort Manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant dismissed out of blue without any specific allegations or disciplinary concerns put to applicant. Dismissal unjustified. REMEDIES: No contributory conduct. $10,000 compensation appropriate. $4,800 compensation for loss of accommodation benefit appropriate. Respondent to pay applicant $8,796 reimbursement of lost wages;AREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $805 arrears of wages, $1,452 arrears of overtime, $726 arrears of public holiday pay, $1,716 arrears of alternative holidays pay and $2,595 arrears of annual holiday pay.;COSTS - Appropriate to increase notional daily tariff to reflect respondent's conduct. Respondent to pay applicant $3,000 contribution towards costs. |
| Result | Applications granted; Reimbursement of lost wages ($8,796); Compensation for humiliation etc ($10,000); Compensation for loss of benefit ($4,800); Arrears of wages ($805); Arrears of overtime ($1,452); Arrears of public holiday pay ($726); Arrears of alternative holidays pay ($1,716); Arrears of annual holiday pay ($2,595.19); Costs in favour of applicant ($3,000); Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103 - ERA s103A - ERA s124 - ERA s128(2) |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_26.pdf [pdf 318 KB] |