| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 144A/02 |
| Hearing date | 8 Aug 2002 |
| Determination date | 13 November 2002 |
| Member | R A Monaghan |
| Representation | S Bush ; J Burley |
| Location | Auckland |
| Parties | Benyamin v New Commerical Company Ltd (formerly Square 1 Service Group Ltd) |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Investigation reopened - Whether temporary or permanent employee - Alleged abused by manager - Evidence suggested temporary employee engaged for specific duration - Abuse established - Resignation reasonably foreseeable - Constructive dismissal established - Remedies - Entitled to lost wages to date of expiry of agreement - ARREARS OF HOLIDAY PAY - Alleged withheld holiday pay - Alleged deducted money from final wages owed - Not entitled to withhold holiday pay - Arrears claim established - Holiday pay to be offset by amount owed for unpaid phone account |
| Result | Application granted ; Reimbursement of lost wages (22 days) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay ($411.62) ; Costs reserved |
| Statutes | ERA s64;ERA s135 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |