| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 389 |
| Hearing date | 16 Sep 2014 |
| Determination date | 19 September 2014 |
| Member | R Arthur |
| Representation | C Daly (in person) ; B Bennett |
| Parties | Daly v Hot Kits Ltd (previous known as Hot Wellness Ltd) |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed - Whether applicant resigned or dismissed - Respondent claimed applicant on three month trial" contract to work part-time while viability of store assessed - Respondent claimed applicant resigned as dissatisfied with respondent and terms of full-time employment agreement - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Whether agreement pay to be credited towards course costs - Whether applicant authorised too work additional hours - Whether respondent entitled to keep part of final wages owed to offset money applicant owed on staff account" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Presentation of new agreement did not change basis of employment relationship. Agreement entered to on conditional basis concerning viability of store but condition satisfied as respondent established sufficient business to support full-time position. Parties discussed variation in terms of employment, not end of one employment relationship and beginning of another. Applicant's evidence preferred. Applicant dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. $5,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant not enrolled in course but still entitled to pay for hours worked. No entitlement in regards to hours worked without respondent's authorisation. Amount owed on staff account deduced from wage award for final week. Respondent to pay applicant $1,287 arrears of wages. Applicant not paid holiday pay as respondent wrongly treated applicant as contractor. Respondent to pay applicant $408 arrears of holiday pay. |
| Result | Application granted; Compensation for humiliation etc ($5,000); Arrears of wages ($1,287); Arrears of holiday pay ($408); Disbursements in favour of applicant ($460.70); No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s124;ERA s174;ERA Second Schedule cl15;Holidays Act 2003 s23;Wages Protection Act 1983 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_389.pdf [pdf 247 KB] |