| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 72 |
| Hearing date | 16 Feb 2013 |
| Determination date | 01 March 2013 |
| Member | E Robinson |
| Representation | G Lin (in person) ; X Feng |
| Location | Auckland |
| Parties | Lin v General Recycle Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant dismissed or told to remain home pending repair to company vehicle - Whether applicant told by respondent to get another job - Whether respondent offered work to applicant after applicant told to go home - No written employment agreement - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of sick leave entitlement and holiday pay - Truck Driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant dismissed by respondent. Dismissal not intended by respondent. No consultation constituted total failure of procedural requirements. Dismissal unjustified. REMEDIES: 15 per cent contributory conduct. Respondent to pay applicant arrears of wages, quantum to be determined. $4,000 compensation appropriate. $1,000 penalty appropriate for non-provision of employment agreement.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $103 arrears of sick leave and $2,092 arrears of holiday pay. |
| Result | Applications granted; Contributory conduct (15%); Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($4,000); Penalty ($1,000)(payable to Crown); Arrears of wages ($103); Arrears of holiday pay (2,092.80); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b) - ERA s63A - ERA s65 - ERA s103A - ERA s123 - ERA s128(2) |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_72.pdf [pdf 168 KB] |