| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 80 |
| Hearing date | 10 Jun 2014 |
| Determination date | 28 July 2014 |
| Member | P R Stapp |
| Representation | R Jamieson ; M Khan (in person) |
| Location | Wellington |
| Parties | Zaytoun v Khan t/a Bit Technology Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by first or second respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Whether applicant not paid for full hours worked - Whether applicant worked 57 hours per week - Whether applicant worked for less than minimum wage - Long hours - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by first respondent - Whether applicant's resignation foreseeable given applicant not paid properly - PENALTY - Applicant sought penalty for breaches of Employment Relations Act 2000 and Minimum Wage Act 1983 - Sales and HR person |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Timesheets and appointment letter referred to second respondent. Applicant paid by second respondent. Documentation involving Work and Income referred to second respondent as employer. Applicant employed by second respondent.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant's claim succeeded in absence of proper defence, evidence or any witnesses from respondents. Second respondent to pay applicant $83,054 arrears of wages and $921 arrears of holiday pay. Interest payable. Leave reserved for parties to seek order regarding quantum of interest.;UNJUSTIFIED DISMISSAL: Underpayment of wages sufficiently serious to make applicant's resignation foreseeable. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. $5,000 compensation appropriate.;PENALTY: Little purpose in ordering penalties given second respondent no longer trading. No penalty. |
| Result | Applications granted (arrears of wages and holiday pay)(unjustified dismissal) ; Arrears of wages ($83,054.75) ; Arrears of holiday pay ($921.25) ; Interest (5%) ; Compensation for humiliation etc ($5,000) ; Applications dismissed (practice and procedure)(penalty) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA;ERA s124;Minimum Wage Act 1983 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Wellington_80.pdf [pdf 105 KB] |