| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 252 |
| Hearing date | 17 Jun 2014 |
| Determination date | 23 June 2014 |
| Member | A Fitzgibbon |
| Representation | L Darroch ; No appearance |
| Location | Auckland |
| Parties | Clark v Hansen Brown & Armstrong Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Fixed term employment agreement - Applicant travelled overseas to work - Funding for project delayed - Respondent told applicant to return to New Zealand - ARREARS OF WAGES - Applicant sought arrears of holiday pay - Applicant not paid for work completed - RECOVERY OF MONIES - Applicant sought recovery of monies for airfares to return to New Zealand and cost of tools - COSTS - Applicant sought contribution towards costs - No appearance for respondent - Project manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Fixed term agreement did not comply with Act. Fixed term agreement ineffective. Employment continuous. Applicant told by respondent more work when funding provided. No further work provided and applicant not paid what was owed or any further salary. Respondent should have made clear work overseas separate to New Zealand work. Dismissal unjustified. REMEDIES: Respondent to pay applicant $26,100 reimbursement of lost wages. $5,000 compensation appropriate.;ARREARS OF WAGES: Respondent to pay applicant $9,000 arrears of wages.;RECOVERY OF MONIES: Respondent to pay applicant $1249 recovery of monies for airfares and tools.;COSTS: Less than one day investigation meeting - respondent to pay applicant $1,000 contribution towards costs |
| Result | Applications granted; Reimbursement of lost wages ($26,000); Compensation for humiliation etc ($5,000); Arrears of wages ($9,000); Recovery of monies ($1,249.85); Costs in favour of respondent ($1,000); Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s103A;ERA 103A(2);ERA s128 |
| Cases Cited | Clark v Hansen Brown and Armstrong Ltd [2014] NZERA Auckland 227 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_252.pdf [pdf 158 KB] |