| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 303 |
| Hearing date | 30 Jun 2014;11 Jul 2014 |
| Determination date | 14 July 2014 |
| Member | J Crichton |
| Representation | P Finau ; No appearance |
| Location | Auckland |
| Parties | Zhang v Tan Pacific Ltd |
| Summary | RECOVERY OF MONIES - Applicant sought recovery of premium for employment paid to respondent - Whether applicant charged $23,000 for assistance with job offer and work visa application - Student visa - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Additional hours - Limited opportunity for rest and meal breaks - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Varied hours - No appearance for respondent - Chef |
| Abstract | AUTHORITY FOUND -;RECOVERY OF MONIES: Applicant made two payments to respondent totalling $23,000. Payment made to respondent in return for promise of employment in addition to assistance with work visa application. Applicant charged premium for employment. Respondent to pay applicant $23,000 recovery of monies.;UNJUSTIFIED DISMISSAL: Respondent's requirement that applicant report for work contrary to stipulation in medical certificate oppressive conduct of worst kind by employer. Respondent's conduct so outrageous as to create breaches of employment agreement of sufficient seriousness to entitle applicant to resign. Resignation direct consequence of requirement to work despite medical certificate. Resignation foreseeable. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. $8,500 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: No occasion when applicant paid in full. Respondent to pay applicant $22,367 arrears of wages and $2,793 arrears of holiday pay. Authority's determination to be served on respondent. |
| Result | Applications granted ; Recovery of monies ($23,000) ; Compensation for humiliation etc ($8,500) ; Arrears of wages ($22,367.89) ; Arrears of holiday pay ($2,793) ; Orders made ; Costs reserved |
| Main Category | Recovery of Monies |
| Statutes | ERA s124;ERA s132;ERA Second Schedule cl12;Wages Protection Act 1983;Wages Protection Act 1983 s12A;Wages Protection Act 1983 s12A(2) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_303.pdf [pdf 173 KB] |