| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 56 |
| Hearing date | 27 May 2014 |
| Determination date | 30 May 2014 |
| Member | P R Stapp |
| Representation | J McDowell ; No appearance |
| Location | Napier |
| Parties | Kitching v Taukamo |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by respondent personally - Early childhood education - Licensee - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Abuse - Swearing - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - COSTS - Applicant sought $2,000 contribution towards costs - No appearance for respondent - Administrator |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: No employment agreement but proof of applicant's employment by respondent provided by historical records, employment of other people and regularity of payments made to applicant. Respondent failed to respond to contact or notice of claim. Principle of undisclosed principal applicable in matter as applicant had no knowledge of any other legal entity that could be employer. Applicant employed by respondent.;UNJUSTIFIED DISMISSAL: Applicant dismissed on respondent's porch. Dismissal unjustified. REMEDIES: No contributory conduct. $5,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to payment of wages in lieu of notice. Three weeks' notice fair in absence of employment agreement. Applicant not paid entitlement to holiday pay. Respondent to pay applicant $300 arrears of wages and $1,328 arrears of holiday pay.;COSTS: Less than one day investigation meeting. Applicant's claim within range of notional daily tariff. Respondent to pay applicant $2,000 contribution towards costs. |
| Result | Applications granted ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($300) ; Arrears of holiday pay ($1,328) ; Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A(3) |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Wellington_56.pdf [pdf 197 KB] |