| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 42 |
| Hearing date | 16 Dec 2013 |
| Determination date | 05 February 2014 |
| Member | A Fitzgibbon |
| Representation | N Kumar ; J Coyle |
| Location | Auckland |
| Parties | Kumar v Rotorplast Industries Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant obtained other job – Whether respondent agreed to reduce applicant’s days of work to accommodate second job – Whether applicant accused of stealing and lying – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – RECOVERY OF MONIES – Applicant sought recovery of cost of damage to applicant’s car |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No agreement to change terms and conditions of applicant’s employment to accommodate second job. Applicant’s conduct in accepting second job and informing respondent not available on certain days repudiation of employment agreement. No constructive dismissal.;ARREARS OF WAGES AND HOLIDAY PAY: No agreement or provision in employment agreement for payment of overtime. Applicant entitled to be paid for regular hours worked but not paid. Respondent to pay applicant $3,400 arrears of wages and $566 arrears of holiday pay.;RECOVERY OF MONIES: No agreement for applicant to use own vehicle and be reimbursed by respondent for damage sustained. No recovery of monies. |
| Result | Application granted (arrears of wages and holiday pay) ; Arrears of wages ($3,400) ; Arrears of holiday pay ($566.40) ; Applications dismissed (unjustified dismissal)(recovery of monies) ; No order for costs |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_42.pdf [pdf 186 KB] |