Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2014] NZERA Auckland 59
Hearing date 16 Dec 2013
Determination date 18 February 2014
Member J Crichton
Representation R Warburton ; A Hansen
Location Auckland
Parties Fatu v Vision Interiors Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Collapse of relationship between respondent and dominant client - Whether applicant informed relationship with client deteriorating - No employment agreement - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and arrears of holiday pay - Sick pay - Applicant paid arrears following engagement between Labour inspector and respondent but applicant dissatisfied with amount - Applicant claimed worked public holidays - Multiple employment periods
Abstract AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Redundancy genuine. Applicant made aware in at least one meeting that work for client coming to end. Further consultation would have been of little force or effect due to loss of client. Dismissal justified.;ARREARS OF WAGES AND HOLIDAY PAY: No evidence to conclude applicant did not receive appropriate payment. No evidence sick leave claimed or taken. Respondent informed applicant not to work on public holidays. No arrears of wages or holiday pay.
Result Applications dismissed; Costs reserved
Main Category Personal Grievance
Number of Pages 10
PDF File Link: 2014_NZERA_Auckland_59.pdf [pdf 169 KB]