| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 156 |
| Hearing date | 30 Jul 2013 |
| Determination date | 06 August 2013 |
| Member | C Hickey |
| Representation | T MacKenzie (in person) ; no appearance |
| Parties | MacKenzie v Quick Express Logistics Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay wages and unjustifiably dismissed by respondent – Applicant read employment agreement at interview – No written employment agreement provided – Applicant underpaid – Applicant informed respondent not making enough money to pay wages – Applicant asked to return car and tablet charger – Respondent advertised for local courier and short haul drivers less than one week after applicant’s dismissal – COSTS – Applicant sought contribution towards costs – No appearance for respondent – Courier |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $1,458 arrears of wages and $174 arrears of holiday pay.;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant unjustifiably disadvantaged by respondent’s failure to pay wages. Applicant dismissed without notice. No explanation why applicant dismissed when more drivers required. Applicant not re-engaged by respondent. Decision to dismiss not fair and reasonable. REMEDIES: No contributory conduct. Respondent to pay applicant $5,265 reimbursement of lost wages. $2,000 compensation appropriate.;COSTS: Length of investigation meeting not specified. Applicant self-represented. No legal costs incurred following mediation. No order for costs. |
| Result | Applications granted ; Arrears of wages ($1,458) ; Arrears of holiday pay ($174.96) ; Reimbursement of lost wages ($5,265) ; Compensation for humiliation etc ($2,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b);ERA s103A;ERA s128(2);ERA s128(3);ERA s174 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_156.pdf [pdf 175 KB] |