| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 174 |
| Hearing date | 21 May 2013 |
| Determination date | 26 August 2013 |
| Member | C Hickey |
| Representation | P Macdonald ; No appearance |
| Location | Christchurch |
| Parties | Winder v Hair Choice Ltd and Anor |
| Other Parties | Hair Choice New Zealand Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant employed in profit share position – Applicant transferred employment from second respondent to first respondent – Applicant shareholder in respondents – No appearance for respondents – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by first respondent – Whether applicant provided false profit and loss statements to prospective investor – Whether applicant transferred funds from second respondent’s accounts for personal use – Dismissal by e-mail – General manager / Chief sales officer |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to be paid monthly salary and not paid solely on profit share basis. Applicant worked for respondents without payment of salary. Second respondent to pay applicant $313,653 arrears of wages and $25,092 arrears of holiday pay. First respondent to pay applicant $6,346 arrears of wages and $507 arrears of holiday pay.;UNJUSTIFIED DISMISSAL: Authority unable to conclude whether first respondent undertook investigation into allegations. First respondent did not raise concerns about applicant’s alleged dishonesty before deciding to dismiss, did not give applicant opportunity to respond or consider applicant’s explanations. No evidence any alleged dishonesty actually happened. Dismissal unjustified. REMEDIES: No contributory conduct. First respondent to pay applicant $34,620 reimbursement of lost wages. $8,000 compensation appropriate. |
| Result | Applications granted ; Arrears of wages ($313,653.88)(second respondent)($6,346.12)(first respondent) ; Arrears of holiday pay ($25,092.31)(second respondent)($507.69)(first respondent) ; Reimbursement of lost wages ($34,620)(first respondent) ; Compensation for humiliation etc ($8,000)(first respondent) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s103A;ERA s103A(3);ERA s128(2);ERA s128(3);ERA s130(1);ERA s130(2);ERA s132(1);ERA s132(2);ERA s173(2);ERA s174;ERA Second Schedule cl12;Holidays Act 2003 s23(2) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Christchurch_174.pdf [pdf 217 KB] |