| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 379 |
| Hearing date | 8 Sep 2014 |
| Determination date | 12 September 2014 |
| Member | R Larmer |
| Representation | D Hayes ; S McKenna |
| Location | Tauranga |
| Parties | Hayes v The Spruce Up Company 2008 Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Sick leave - Unpaid notice period - COSTS - Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent conceded proper process not followed. Respondent failed to comply with any of its statutory obligations. Dismissal unjustified. REMEDIES: Respondent to pay applicant $224 reimbursement of lost wages. $2,500 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $1,451 arrears of wages and $107 arrears of holiday pay.;COSTS: Half day investigation meeting. Respondent to pay applicant $1,750 contribution towards costs. |
| Result | Applications granted; Reimbursement of lost wages ($224); Compensation for humiliation etc ($2,500); Arrears of wages ($1,451.52); Arrears of holiday pay ($107.52); Costs in favour of applicant ($1,750); Disbursements in favour of applicant ($71.56) |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s128(2) |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_379.pdf [pdf 164 KB] |