| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 391 |
| Determination date | 02 September 2013 |
| Member | K J Anderson |
| Representation | W Hika ; R Harrison |
| Location | Auckland |
| Parties | Tarau v Ngati Ranginui Home and Community Support Services Company Ltd |
| Summary | JURISDICTION - Whether applicant in employment relationship with respondent - Applicant claimed terms and conditions discussed and agreement entered with respondent coordinator - Caregiving duties commenced - Timesheets provided for applicant to fill in - Subsequent written employment provided to applicant by Respondent director - Written employment agreement not signed - ARREARS OF WAGES - Applicant sought arrears of wages - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant dismissed - Applicant claimed dismissed by withdrawal of offer but applicant ceased working prior to letter - Caregiver |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Oral agreement reached between parties. Applicant in employment relationship with respondent.;ARREARS OF WAGES: Respondent to pay applicant $1,670 arrears of wages.;UNJUSTIFIED DISMISSAL: Appears applicant stopped working while seeking payment for work done. Reluctant to treat grievance as constructive dismissal as not claimed. Would have been straight forward for applicant to sign and return agreement. Lack of constructive communication by both parties. Questionable whether applicant dismissed. No unjustified dismissal. |
| Result | Applications granted (jurisdiction)(arrears of wages); Arrears of wages ($1,670.95); Applicant dismissed (unjustified dismissal); Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s122 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_391.pdf [pdf 113 KB] |