| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 194 |
| Hearing date | 7 Feb 2013 |
| Determination date | 15 May 2013 |
| Member | K J Anderson |
| Representation | R Seabrook (in person) ; W Mulholland |
| Location | Auckland |
| Parties | Seabrook v Tin Men Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably dismissed by respondent – Applicant deviated from agreed route on return to premises and was caught by respondent - Respondent accused applicant of dishonesty – Respondent sought to take keys from applicant – Applicant told by respondent applicant dismissed – Aggressive behaviour and alleged assault - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant casual employee – Whether applicant entitled to be paid for public holiday - PENALTY – Applicant sought penalty for respondent’s failure to provide employment agreement – Truck driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent exaggerated applicant’s physical behaviour. Applicant dismissed prior to alleged physical assault. Dismissal spontaneous reaction in heat of moment. Dismissal unjustified. REMEDIES: Compensation not appropriate as probable applicant immune to humiliation.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant permanent employee. Respondent to pay applicant $360 arrears of wages and $549 arrears of holiday pay.;PENALTY: Arguable whether applicant received employment agreement. Not appropriate in circumstances to award penalty. No penalty. |
| Result | Applications granted (unjustified dismissal)(arrears of wages and holiday pay); Arrears of wages ($360); Arrears of holiday pay ($549); Application dismissed (penalty); Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s66 – ERA s103A(1) – ERA s103A(2) – ERA s103A(3) - ERA s124;Holidays Act 2003;Holidays Act 2003 s16;Holidays Act 2003 s28;Official Information Act 1982 |
| Cases Cited | Allen v Trans Pacific Industries Group Ltd (t/a Medismart Limited) [2009] 6 NZELR 530;Radius Residential Care Ltd v McLeay [2010] NZEmpC 149 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_194.pdf [pdf 253 KB] |