| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 97 |
| Hearing date | 2 Oct 2014 |
| Determination date | 07 October 2014 |
| Member | P R Stapp |
| Representation | A Cressey ; No appearance ; N Javed |
| Location | Hastings |
| Parties | Mohitaka and Ors v Roy and Anor |
| Other Parties | King, Cooper, Vera ; Job Done Horticulture |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - First respondent manager of second respondent - ARREARS OF WAGES AND HOLIDAY PAY - Applicants sought arrears of wages and holiday pay - UNJUSTIFIED DISMISSAL - Dismissal - Applicants claimed unjustifiably dismissed by respondents - PENALTY - Applicants sought penalty for respondents' failure to provide employment agreements and failure to provide wage, time and holiday records - COSTS - Applicants sought contribution towards costs - No appearance for first respondent - Kiwifruit pickers |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Not convincing that second respondent had nothing to do with applicants. Applicants employed by respondents jointly.;ARREARS OF WAGES AND HOLIDAY PAY: No payments made by respondents. Arrangement not made for minimum daily rate of pay. Respondents to pay first, third and fourth applicants $173 arrears of wages and second applicant $57 arrears of wages. Respondents to pay first, third and fourth applicants $13 arrears of holiday pay and second applicant $4 arrears of holiday pay.;UNJUSTIFIED DISMISSAL: Applicants dismissed. No concerns put to applicants in formal setting for comment. Dismissals unjustified. REMEDIES: No contributory conduct. Respondents to pay first, third and fourth applicants $692 reimbursement of lost wages and second applicant $228 reimbursement of lost wages. $2,000 compensation appropriate for first applicant and $600 compensation appropriate for second, third and fourth applicants.;PENALTY: Important for applicants to be paid for work actually performed. No penalty.;COSTS: Less than one day investigation meeting. Respondents to pay applicants $1,750 contribution towards costs. |
| Result | Applications granted (practice and procedure)(arrears of wages and holiday pay)(unjustified dismissal) ; Arrears of wages ($173.14)(first, third and fourth applicants)($57)(second applicant) ; Arrears of holiday pay ($13.85)(first, third and fourth applicants)($4.56)(second applicant) ; Reimbursement of lost wages ($692.56)(first, third and fourth applicants)($228)(second applicant) ; Compensation for humiliation etc ($2,000)(first applicant)($600)(second, third and fourth applicants) ; Costs in favour of applicants ($1,750) ; Disbursements in favour of applicants ($71.56)(filing fee)($212.75)(service fees) ; Application dismissed (penalty) |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Wellington_97.pdf [pdf 128 KB] |