| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 295 |
| Hearing date | 2 Jul 2013 |
| Determination date | 10 July 2013 |
| Member | R Larmer |
| Representation | M Moncur ; C Shi |
| Location | Auckland |
| Parties | Zhou v St George International Group Ltd t/a St George Institute of Learning |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent raised concerns about applicant disclosing students personal information to sister, concealing email recording that respondent’s former principal took employment agreements and emailing confidential information to personal address - Whether applicant asked to resign - Whether applicant dismissed – Applicant’s work permit restricted her to working for respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant worked additional hours observing prometric exams – COSTS – Applicant sought contribution towards costs - Marketer and student counsellor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s evidence preferred. Losing employment put applicant’s immigration status in jeopardy. Applicant did not finish normal working day, farewell colleagues or collect personal belongings. Likely applicant asked to resign. Applicant dismissed. Some blameworthy conduct. Applicant failed to advise respondent former principal took copies of employment agreements. Other concerns not made out. No disciplinary process initiated. Concerns not put to applicant. Respondent’s actions not fair or reasonable. Questionable whether conduct complained about serious misconduct. Dismissal unjustified. REMEDIES: 15 per cent contributory conduct. Respondent to pay applicant $4,050 reimbursement of lost wages. $4,250 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to unpaid commission. No agreement applicant would be paid extra for working prometric exams. Respondent to pay applicant $2,989.26 arrears of wages and $523 arrears of holiday pay.;COSTS: One day investigation meeting. Not appropriate to adjust notional daily tariff. Respondent to pay applicant $3,500 contribution towards costs |
| Result | Applications granted ; Contributory conduct (15%); Reimbursement of lost wages ($4,050) ; Compensation for humiliation etc ($4,250) ; Arrears of wages ($2,989.26) ; Arrears of holiday pay ($523.68) ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) - ERA s103A – ERA s103A(3) – ERA s124 - ERA s128(2) |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_295.pdf [pdf 240 KB] |