| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 203 |
| Hearing date | 15 May 2014 |
| Determination date | 23 May 2014 |
| Member | A Fitzgibbon |
| Representation | M Moncur ; S Saad (in person) |
| Location | Auckland |
| Parties | McIvor v Saad t/a Pita House |
| Summary | JURISDICTION - Whether applicant in employment relationship with respondent - Whether applicant volunteer on trial - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed constructively dismissed by respondent - Applicant refused respondent's offer of work at end of trial - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Respondent paid applicant sum to cover food and petrol during trial but sum less than minimum wage |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant performed work that contributed to respondent's business. Applicant received monetary reward" each day for petrol and food. Applicant not volunteer. Respondent could not use fixed term employment to test suitability. Applicant in employment relationship with respondent.;UNJUSTIFIED DISMISSAL: Both parties incorrectly believed applicant working trial period. Respondent's breach of duty to applicant not sufficiently serious to make resignation reasonably foreseeable. Applicant unhappy with terms of trial and job offer and decided to resign. No dismissal.;ARREARS OF WAGES AND HOLIDAY PAY: No wage or time records. Evidence of applicant accepted. Respondent to pay applicant $1,745 arrears of wages and $286 arrears of holiday pay." |
| Result | Applications granted (jurisdiction) (arrears of wages and holiday pay); Arrears of wages ($1,745.43); Arrears of holiday pay ($286); Application dismissed (unjustified dismissal); No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s6(1)(c);ERA s66;ERA s67;ERA s67A;Holidays Act 2003;Minimum Wage Act 1983 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;The Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Auckland_203.pdf [pdf 168 KB] |