| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 496 |
| Hearing date | 15 Oct 2013 |
| Determination date | 01 November 2013 |
| Member | E Robinson |
| Representation | J Coyle ; R Bristowe-Murray |
| Location | Auckland |
| Parties | Pigou v Jada and Donyae Investments Ltd t/a JD Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant registered company and put respondent customer order through new company - Dismissal following altercation about order - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - PENALTY - Applicant sought penalty for respondent's failure to provide time and wage records |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: No investigation. Applicant not advised disciplinary nature of allegations. No meetings or opportunity to respond. No consideration given to possible ex[planation. Dismissal unjustified. REMEDIES: 75 per cent contributory conduct. Reimbursement of lost wages, quantum to be determined. Interest payable. $750 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY:.Respondent to pay applicant arrears of wages and arrears of holiday pay, quantum to be determined. Interest payable.;PENALTY: $1,500 penalty appropriate. |
| Result | Applications granted; Contributory conduct (75%); Reimbursement of lost wages (quantum to be determined); Arrears of wages and holiday pay (quantum to be determined); Interest (5%); Compensation for humiliation etc ($750); Penalty ($1,500)(payable to Crown); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(3) - ERA s124 - ERA s128(2) - ERA s130 - ERA Second Schedule cl11 - Judicature (Prescribed Rate of Interest) Order 2011 |
| Cases Cited | Goodfellow v Building Connexion Ltd t/a ITM Building Centre [2010] NZEmpC 82 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_496.pdf [pdf 247 KB] |