| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 106 |
| Hearing date | 24 Mar 2014 |
| Determination date | 24 March 2014 |
| Member | T G Tetitaha |
| Representation | M Balmaceda (in person) ; No apperance |
| Location | Auckland |
| Parties | Balmaceda v Amphibians Swimming Academy Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent's failure to pay wages - Applicant raised failure with respondent on multiple occasions - 90 day trial period - No appearance for respondent - Swimming instructor |
| Abstract | UNJUSTIFIED DISADVANTAGE - 90 day trial period only prevented applicant from bringing personal grievance related to dismissal. Authority had jurisdiction to hear unjustified disadvantage claim. Applicant unjustifiably disadvantaged by respondent's failure to pay wages. REMEDIES: No contributory conduct. Respondent to pay applicant $3,745 reimbursement of lost wages. Interest payable. $5,000 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages ($3,745.10); Interest (5%); Compensation for humiliation etc ($5,000); Disbursements in favour of applicant ($71.50)(filing fee) ($39)(medical certificate); No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s67A;ERA s67A(2);ERA s67A(2)(c);ERA s124;ERA s128;ERA Second Schedule cl11;ERA Second Schedule cl12 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Auckland_106.pdf [pdf 223 KB] |