| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 10 |
| Hearing date | 25 - 26 Sep 2013 |
| Determination date | 28 January 2014 |
| Member | T MacKinnon |
| Representation | D K Evans ; C Chen, A Lin |
| Parties | Cardno and Anor v NCF International Ltd |
| Other Parties | Wolyncewicz |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicants claimed unjustifiably dismissed by respondent - Respondent had mix of China-based and New Zealand-based directors - Applicants two of three New Zealand directors - Applicants sought funds from Chinese directors - Applicant's increasingly concerned about lack of payment - Third New Zealand director (B") led applicants to believe no communication with Chinese directors - Respondent claimed lost trust and confidence in applicants due to ways applicants handled respondent's affairs - Respondent claimed applicants made salary payments without prior approval - ARREARS OF WAGES AND HOLIDAY PAY - Applicants sought arrears of wages and holiday pay - Applicants not paid salary due to lack of funds from Chinese directors - RECOVERY OF MONIES - Second applicant sought recovery of monies for expenses incurred in incorporating respondent and setting up post office box - General manager and marketing director" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicants given no notification employment in jeopardy. Respondent treated applicants unfairly and unreasonably in dismissing applicants abruptly without notification. Applicants not informed respondent had concerns over way applicants conducting respondent’s affairs. Matters raised with applicants as items for clarification and explanation, not in disciplinary context. No evidence to support other allegations made by respondent. Major defects in procedure not excusable by lack of familiarity with New Zealand employment law and practice. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay first applicant $27,981 reimbursement of lost wages. Respondent to pay second applicant $12,500 reimbursement of lost wages. $10,000 compensation appropriate for each applicant.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay first applicant $8,615 arrears of wages and $2,289 arrears of holiday pay. Respondent to pay second applicant $3,589 arrears of wages and $959 arrears of holiday pay.;RECOVERY OF MONIES: Respondent accepted second applicant entitled to recovery of monies. Respondent to pay second applicant $330 recovery of monies. |
| Result | Applications granted; Reimbursement of lost wages ($27,981.89)(first applicant) ($12,500)(second applicant); Compensation for humiliation etc ($10,000)(first applicant ($10,000)(second applicant); Arrears of wages ($8,615.37)(first applicant) ($3,589.74)(second applicant); Arrears of holiday pay ($2,289.23)(first applicant) ($959.18)(first applicant); Recovery of monies ($330.22); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(5) - ERA s128(2) |
| Cases Cited | Baker v Amourguard Security Ltd [1998] 1 ERNZ 424 |
| Number of Pages | 17 |
| PDF File Link: | 2014_NZERA_Wellington_10.pdf [pdf 304 KB] |