| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 393 |
| Hearing date | 20 Aug 2013 |
| Determination date | 02 September 2013 |
| Member | E Robinson |
| Representation | A Silberstein ; R Fong |
| Location | Auckland |
| Parties | Marsters v Spacewall Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant offered casual employment – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Sporadic payment of wages – RECOVERY OF MONIES – Applicant sought recovery of petrol expenses – COSTS – Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant aware respondent had cash flow problems and respondent had genuine commercial reasons to terminate applicant’s full-time employment. No evidence applicant genuinely consulted about proposal to terminate applicant’s employment. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,304 reimbursement of lost wages. $2,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to arrears of wages and holiday pay. Respondent to pay applicant $4,644 arrears of wages and $2,304 arrears of holiday pay.;RECOVERY OF MONIES: Respondent to pay applicant $30 recovery of monies.;COSTS: Less than one day investigation meeting. Costs award at notional daily tariff appropriate. Respondent to pay applicant $2,500 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($2,304) ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($4,644) ; Arrears of holiday pay ($2,304) ; Recovery of monies ($30) ; Costs in favour of applicant ($2,500) |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4;ERA s4(1A)(c);ERA s103A;ERA Second Schedule cl15;Wages Protection Act 1983;Wages Protection Act 1983 s4 |
| Cases Cited | Aoraki Corp Ltd v McGavin [1998] 1 ERNZ 601 ; [1998] 3 NZLR 276;Cammish v Parliamentary Service [1996] 1 ERNZ 404;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_393.pdf [pdf 180 KB] |