| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 542 |
| Determination date | 26 November 2013 |
| Member | T G Tetitaha |
| Representation | C de Silva (in person) ; A Jain |
| Parties | de Silva v Shetwa Investments Ltd t/a Baker's Delight, Eden Quarter |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Applicant employed full time by respondent but employment ended following letter requiring applicant move to casual employment;ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Genuine reasons for moving applicant to casual position but procedural defects in process. Dismissal unjustified. REMEDIES: Failure to mitigate loss. No contributory conduct. $5,000 compensation appropriate.;ARREARS OF HOLIDAY PAY: Respondent to pay applicant $8,647 arrears of holiday pay. |
| Result | Applications granted; Compensation for humiliation etc ($5,000); Arrears of wages ($8,647.20); No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(3) - ERA s128 - Holidays Act 2003 s56 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_542.pdf [pdf 220 KB] |