| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 259 |
| Hearing date | 24 Jun 2014 |
| Determination date | 25 June 2014 |
| Member | R Larmer |
| Representation | S Fonua ; S Nand |
| Location | Auckland |
| Parties | Uasike v S.N Windows and Doors Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant paid cash - Applicant given beer instead of wages for work on Saturdays - Whether holiday pay not due as employment relationship not ended - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant dismissed or failed to turn up to work - Whether money given to applicant by fellow employee termination payment or respondent's contribution towards speeding fine incurred by applicant - COSTS - Applicant sought contribution towards costs - Joiner |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Appropriate to accept applicant's claim as to hours, days and time of work proved in absence of wage and time records or credible contradictory evidence. Applicant commenced work on day claimed. Applicant paid less than minimum wage for total hours worked. Applicant entitled to be paid for public holidays not worked but that would have been otherwise working days for applicant. Applicant not paid holiday pay on termination of employment. Respondent to pay applicant $4,698 arrears of wages and $1,640 arrears of holiday pay.;UNJUSTIFIED DISMISSAL: Money given to applicant in envelope termination payment. Applicant told not to come back to work. Respondent did not act consistently with view applicant abandoned employment by inquiring why applicant not at work. Applicant dismissed. Respondent failed to comply with good faith and procedural fairness obligations. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,200 reimbursement of lost wages. $2,000 compensation appropriate.;COSTS: Less than one day investigation meeting. No factors warranting adjustment to notional daily tariff. Respondent to pay applicant $1,750 contribution towards costs. |
| Result | Applications granted ; Arrears of wages ($4,698.12) ; Arrears of holiday pay ($1,640.57) ; Reimbursement of lost wages ($2,200) ; Compensation for humiliation etc ($2,000) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s128(1);ERA s132(2);Holidays Act 2003;Minimum Wage Act 1983 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_259.pdf [pdf 163 KB] |