| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 104 |
| Hearing date | 20 Aug 2013 |
| Determination date | 26 August 2013 |
| Member | P R Stapp |
| Representation | G Ogilvie ; No appearance |
| Location | Wellington |
| Parties | Meroiti v Lindale Lodge Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and arrears of holiday pay. Applicant claimed paid below minimum wage - No time and wage records provided by respondent - UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant and respondent's director brothers - Dismissal after verbal and physical altercation - COSTS - Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND-;ARREARS OF WAGES AND HOLIDAY PAY: No appearance for respondent - Respondent to pay applicant $86,935 arrears of wages and $7,702 arrears of holiday pay.;UNJUSTIFIED DISMISSAL: No justification for dismissal. No evidence requirements for procedural fairness met. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $17,745 reimbursement of lost wages. $6,000 compensation appropriate.;COSTS - Less than one day investigation meeting - Respondent o pay applicant $1,750 contribution towards costs |
| Result | Applications granted; Reimbursement of lost wages ($17,745); Compensation for humiliation etc ($6,000); Arrears of wages ($86,935.25); Arrears of holiday pay ($7,702.80); Costs in favour of applicant ($1,500); Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s103A - ERA Schedule 2 cl12 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Meroiti v Lindale Lodge Ltd [2012] NZERA Wellington 64;Meroiti v Lindale Lodge Ltd [2013] NZEmpC 65 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Wellington_104.pdf [pdf 171 KB] |