| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 292 |
| Hearing date | 9 Jul 2013 |
| Determination date | 09 July 2013 |
| Member | R Larmer |
| Representation | D Prisk ; No appearance |
| Location | Auckland |
| Parties | Zahorodny v Insight Plumbing Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide employment agreement and follow fair and proper process and unjustifiably dismissed by respondent – Applicant sought to undertake course to obtain apprenticeship – Whether respondent threatened dismissal if course completed - Respondent hired new plumber while applicant on course – Applicant given option of resigning or being dismissed –ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay - COSTS – Applicant sought contribution towards costs - No appearance for respondent – Apprentice plumber |
| Abstract | AUTHORITY FOUND-;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: No evidence to contradict applicant’s account of events. No genuine or voluntary resignation. Respondent did not comply with good faith. No procedural fairness. Applicant unjustifiably disadvantaged by respondent’s failure to provide employment agreement and failure to follow fair and proper process. Applicant unjustifiably dismissed. REMEDIES: No contributory conduct. $500 compensation appropriate for failure to provide employment agreement. $3,500 compensation appropriate for unjustified dismissal. $2,840 reimbursement of lost wages.;ARREARS OF HOLIDAY PAY: Respondent to pay applicant $52 arrears of holiday pay.;COSTS: Less than one day investigation meeting. Indemnity costs not appropriate. Notional daily tariff appropriate. Respondent to pay applicant $300 contribution towards costs. |
| Result | Applications granted ; Compensation for humiliation etc ($500)(unjustified disadvantage)($3,500)(unjustified dismissal); Reimbursement of lost wages ($2,840.36) ; Arrears of holiday pay ($52.36) ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($109.25)(service costs)($71.56)(filing free) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) - ERA s65 – ERA s103A(3) – ERA s124 – ERA s128(2) |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_292.pdf [pdf 151 KB] |