| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 156 |
| Hearing date | 4 Dec 2013 |
| Determination date | 05 December 2013 |
| Member | P R Stapp |
| Representation | B Laracy ; No appearance |
| Location | Wellington |
| Parties | Morton v Hairshop Ltd t/a Hair Club |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – No employment agreement – Applicant requested pay slips – Whether respondent threatened applicant’s job – New manager started sending applicant home after one or two hours of work – Applicant’s days cut – Applicant advised not to come into work – ARREARS OF WAGES – Applicant sought arrears of wages – PENALTY – Applicant sought penalty for respondent’s breach of good faith - Respondent refused to provide employment agreement and wage and holiday records – Whether respondent verbally abusive with regard to payment of tax – Whether respondent locked applicant in room – COSTS – Applicant sought contribution towards costs – No appearance for respondent – Beautician |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent wholly responsible for affair. No reason given for not providing applicant further work. No investigation of problems in employment. No concerns raised with applicant. Respondent caused termination of applicant’s employment. Applicant dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $5,760 reimbursement of lost wages. $6,000 compensation appropriate.;ARREARS OF WAGES: Applicant’s evidence most reliable available. Respondent to pay applicant $4,202 arrears of wages.;PENALTY: Respondent’s failure to provide employment agreement, and provide wage time and holiday records wilful breaches of statutory obligations. Respondent abusive towards applicant. Respondent failed to be responsive and communicative. Respondent breached duty of good faith. Employment relationship problem could be resolved as personal grievance. Penalty for failure to provide employment agreement must be brought by labour inspector. No penalty for breach of good faith or failure to provide employment agreement. $3,000 penalty appropriate for respondent’s failure to provide wage and time records.;COSTS: Less than one day investigation meeting. Notional daily tariff appropriate. Delay caused by applicant retrieving bank statements and log of hours from phone email during investigation meeting. Respondent’s behaviour added to applicant’s costs. Appropriate to increase costs above half day tariff. Respondent to pay applicant $3,000 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($5,760) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($4,202.89) ; Penalty ($3,000)(payable to Crown) ; Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s65(4);ERA second schedule cl12 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Wellington_156.pdf [pdf 168 KB] |