| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 135 |
| Hearing date | 9 Apr 2013 |
| Determination date | 19 April 2013 |
| Member | E Robinson |
| Representation | T Shin (in person) ; S Kim |
| Location | Auckland |
| Parties | Shin v Taeha New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Two month period of leave to go overseas – Whether applicant failed to communicate with respondent when needed to extend period of leave – Applicant refused to transfer to other restaurant after returning from leave – Applicant offered two weeks wages in lieu of notice – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No employment agreement – Chef |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent approved applicant’s leave and applicant had reasonable expectation would be working at same restaurant on return. Attempt to have applicant transfer to other restaurant significant change in applicant’s working conditions. No substantive grounds for termination of applicant’s employment and no genuine consultation with applicant. Dismissal unjustified. REMEDIES: Respondent to pay applicant $800 reimbursement of lost wages. 50 per cent contributory conduct. $1,500 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to reasonable period of notice in absence of employment agreement. Applicant not paid for days worked after applicant’s return from leave. Applicant entitled to be paid holiday pay, for days worked on public holidays and days in lieu of working on public holidays. Respondent to pay applicant $2,666 arrears of wages, $2,400 arrears of holiday pay and $4,000 arrears of wages and holiday pay. |
| Result | Applications granted ; Reimbursement of lost wages ($800) ; Contributory conduct (50%) ; Compensation for humiliation etc ($1,500) ; Arrears of wages ($2,666.67) ; Arrears of holiday pay ($2,400) ; Arrears of wages and holiday pay ($4,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b);ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_135.pdf [pdf 184 KB] |