| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 38 |
| Hearing date | 31 Jan 2013 |
| Determination date | 01 February 2013 |
| Member | J Crichton |
| Representation | S Aitkenhead (in person) ; F Arini |
| Location | Auckland |
| Parties | Aitkenhead v Bruschetteria Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Allegations of dishonesty made after applicant dismissed – Threat to take dishonesty allegations to Police if applicant persisted with claim for arrears of holiday pay – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Redundancy genuine. Applicant given reasonably lengthy notice period but received no prior warning of decision, information about respondent’s financial state or opportunity to suggest alternatives. Applicant unjustifiably disadvantaged by procedural failures in respondent’s decision to disestablish applicant’s position. Allegations of dishonesty not raised with applicant properly and applicant not able to respond to allegations fairly. Applicant unjustifiably disadvantaged by improper way dishonesty allegations raised. REMEDIES: No contributory conduct. $1,500 compensation appropriate. Authority ordered payment by instalments.;ARREARS OF HOLIDAY PAY: Respondent to pay applicant $1,635 arrears of holiday pay. Authority ordered payment by instalments. Authority ordered respondent to pay $1,000 penalty for failure to provide written employment agreement if payment obligations in determination not met. |
| Result | Applications granted ; Compensation for humiliation etc ($1,500) ; Arrears of holiday pay ($1,635.86) ; Orders made ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s65(1) |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_38.pdf [pdf 102 KB] |