| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 185 |
| Hearing date | 16 Jul 2013 |
| Determination date | 06 September 2013 |
| Member | C Hickey |
| Representation | F McMillan ; No appearance |
| Location | Christchurch |
| Parties | Yeatman v Hosanna Baptist Community Church t/a Shoreline Cleaning Services |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by respondent's actions and unjustifiably dismissed by respondent - Applicant claimed respondent failed to pay wages regularly and required applicant to use own money to pay for tools - Applicant claimed lost trust and confidence in respondent due to misrepresentation about wage payments -;ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant claimed not paid day in lieu for public holidays worked and not paid time and a half;RECOVERY OF MONIES - Applicant sought recovery of monies for cleaning products purchased to use in employment -;No appearance for respondent |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant consistently raised concerns with respondent about non-payment. Respondent lied to applicant about payment. Foreseeable applicant would resign. Applicant constructively dismissed. Dismissal unjustified. Non-payment of wages could never be justified. Applicant unjustifiably disadvantaged by respondent's actions. REMEDIES: No contributory conduct. $5,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to correct payment for public holidays and arrears of holiday pay. Respondent to pay applicant $479 arrears of wages and $886 arrears of holiday pay.;RECOVERY OF MONIES: Respondent to pay applicant $480 recovery of monies. |
| Result | Applications granted; Compensation ($5,000); Arrears of wages ($479.25); Arrears of holiday pay ($886.68); Recovery of monies ($480); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s174 - Holidays Act 2003 s50 - Holidays Act 2003 s56 |
| Cases Cited | NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Ltd [1991] 2 ERNZ 267;Wellington, Taranaki and Marlborough Clerical Etc IUOW v Greenwich (T/A Greenwich and Associates Employment Agency and Complete Fitness Centre) [1983] ACJ 965 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Christchurch_185.pdf [pdf 211 KB] |